PADMINI AMMAL Vs. INDIAN BANK RAMPAKKAM BRANCH

JUDGEMENT

(1.) THE Judgment Debtor-1 in O.S.No.121 of 1991 on the file of the Principal Subordinate Judge, Villupuram is the revision petitioner. She filed the above revision against the dismissal of her application filed under Section 148 of the Code of Civil Procedure (In short "C.P.C."). THE petition filed under Order 21, Rule 90, came up for hearing before the Court below on 23.8.2001 and she made an endorsement to the effect that she agrees to deposit the amount due under the auction before 24.9.2001, failing which her application may be dismissed. Since she could not deposit the amount before 24.9.2001, she filed an application on 25.9.2001, for extension of time under Section 148 of C.P.C. and also a petition under Order 34 Rule 5 of C.P.C. for deposit of the amount. THE learned Subordinate Judge, after dismissing her application filed under Order 21 Rule 90 of C.P.C. rejected the said application on 28.9.2001, hence, the present revision.

(2.) HEARD the learned counsel for the petitioner as well as the second respondent.

(3.) IT is also useful to refer the decision of this Court in the case of Pakkiammal v. Anaiappan, 2000 (3) C.T.C. 228. V. Kanagaraj, J., in that decision has held that,