VIJAYAN Vs. VIVEK

JUDGEMENT

(1.) The defendants - judgment debtors in E.P. 50/96 in O.S. 159/95 on the file of the Munsiffs Court, Chengannur have filed this C.R.P. challenging the order dated 16.1.1999 in E.A. 103/98.

(2.) O.S. 159/95 was filed by the respondent against the revision petitioners seeking a decree for specific performance of an agreement for sale. That suit was decreed ex parte allowing specific performance of the agreement and directing the respondent to deposit Rs. 5,000/- within a month. Since the respondent decree holder could not deposit the amount within the stipulated period, he filed E.A. 123/95 on 9.11.1995 to condone the delay in depositing the amount and to accept the amount tendered along with the petition and also E.P. 50/96 for execution of the decree. That E.A. was allowed by the lower court on 18.11.95. The contention raised by the judgment debtors that the decree is not executable since the period fixed for deposit of the amount has expired and therefore, the court has become functus officio was rejected by the lower court and the E.P. was allowed. The revision petitioners challenged that order before this Court in C.R.P. No. 2520/96. By order dated 22.10.1998 this Court directed the revision petitioners to file application before the lower court to set aside the order accepting the deposit made by the respondent after the expiry of the period granted to deposit the amount, within one month from the date of that order and directed the lower court to dispose of the application within two months from the date of filing of the application. Accordingly the above E.A. is filed by the revision petitioners to set aside the order dated 18.11.1995 in E.A. 123/95 and the order dated 5.7.1996 in E.P. 50/96.

(3.) The lower court found that it has got jurisdiction under S.143 of the CPC and S.28(1) of the Specific Relief Act to extend the time for deposit. Therefore, the application filed by the revision petitioners is dismissed by the lower court. Hence the above revision is preferred challenging the order passed by the lower court.