ABDUL GAFFAR Vs. JAFFAR SAHEB

JUDGEMENT

(1.) Both the advocates submitted that the revision itself may be heard finally on merits. Accordingly, arguments on the final merits were heard. The revision is accordingly disposed of.

(2.) This is a revision by defendant No. 3 against the order dated 17-1-86 passed by the Addl. Civil Judge, Dharwad, in F.D.P.4/85 over-ruling the objections of defendant No. 3 and allowing the application dated 7-1-86 filed by the plaintiff under Section 148 C.P.C. praying for time to deposit the remaining money.

(3.) O.S.88/78 had been filed by the plaintiff for dissolution of the partnership and for accounts. A preliminary decree dissolving the partnership was passed on 5-7-85 and by that very decree the Court ordered the sale of the partnership properties. However, liberty was reserved to the parties to have a reserve bid for purchase of the remaining shares in the rice mill business. In pursuance of the same a reserve bid was held by the Court Commissioner on 1-1-86. After receiving the report of the Commissioner on 2-1-1986, the highest bid of the plantiff for Rs. 5,61,503 for the 2/3 share of the remaining partners was accepted by the Court by its order dated 2 1-86. The Court ordered thai 1/4th of the amount shall be deposited in Court on or before 7-1-86 and the balance of the amount shall be paid on or before 31-1-1986. On 7-1-1986 the plaintiff paid the l/4th of the amount i. e. Rs. 1,45,000/-by producing a Demand Draft and he filed an application on 7-1-1986 for extending time to pay the remaining amount. On 15-1-86 the plaintiff paid a further sum of Rs. 50,000/. On 15-1-86 the Counsel for plaintiff sought for extension of time till 15th February, 1986 to pay the remaining money. On 15-1-1986 the trial Court granted time till 15th February, 1986 to pay the money. It is this order extending time till 15th February, 1986 that is challenged in this revision.