K S MUTHU Vs. T GOVINDARAJULU

JUDGEMENT

(1.) Leave granted.

(2.) A suit for specific performance was decreed on August 30, 1997 and the appellant was granted one week's time to deposit the balance of sale consideration in the Court and the last date for depositing the said amount was September 6, 1997. It is stated that September 5, 1997 was declared to be a holiday and September 6/7, 1997 being Saturday and Sunday were again general holidays and in these circumstances the appellant made an application to permit him to deposit the amount on September 8, 1997. The Trial Court declined to grant permission to deposit the amount on September 8, 1997 by stating that the appellant ought not to have waited till the last date; that if really he had money in his hands, he would have deposited within the four days and not having done he cannot seek indulgence of the Court now. On that basis the Trial Court rejected the application for extension of time.

(3.) A Revision Petition was filed but the High Court declined to interfere with the order made by the Trial Court and rejected the said petition, hence this appeal.