PIONEER ENGINEERING CO Vs. D H MACHINE TOOLS

JUDGEMENT

(1.) The 'plaintiff-petitioner purchased from the defendant-respondent one Lathe Machine for a sum of Rs. 17,000.00 and odd. After delivery he did not find the lathe machine in working condition. After correspondence he filed a suit against the defendant for a decree directing him to perform his part of the contract to replace the machine in question and to pay Rs. 20,000.00 as damages etc. The suit was contested. The evidence was being recorded and on 25-2-83 the plaintiff and the defendant entered into a compromise. They made the following statements before the Court :

(2.) The Additional District Judge passed a decree on 25-2-83 in terms of the compromise. On .16-5-83 the plaintiff made an application under S. 148 of the Civil Procedure Code. (for short the 'Code') for extension of time for compliance of the obligation under the above decree. It was submitted that the plaintiff could not send machine from Bombay to Shri Zaki Hussan in terms of the compromise as there had been a strike by the workers in his factory, that the strikers had gheraoed the factory for about 2 months and they were not allowing any machine to be taken out .of the factory including the machine in question. On account of the said strike and other reasons mentioned in the application the plaintiff prayed for extension of time by two months for sending the machine to Shri Zaki Hassan for replacement in accordance with the compromise. The application was contested by the defendants. The trial Court by judgment and order dated 15th Nov. 1983 dismissed the application holding that the Court had no jurisdiction to extend the time under S. 148 of the Code.

(3.) The question for decision in this revision is whether the Court under S. 148 of the Code has jurisdiction to extend the time fixed under the compromise decree for the performance of an obligation under the decree.