LAWS(MAD)-1995-9-36

KALA TRADERS Vs. CENTRAL BANK OF INDIA

Decided On September 18, 1995
SRI KALA TRADERS Appellant
V/S
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner before this Court has filed an application in I.A.674 of 1991 in O.S.35/85 on the file of Subordinate Judge, Srivilliputhur seeking for condonation of the delay of 17 days in filing an application IA 673/91 for setting aside the sale. THE Court below has declined to condone the delay on the ground that no sufficient reasons have been shown to the satisfaction of the said Court.

(2.) I entertained a doubt as to the very maintainability of the application for such condonation and directed the learned counsel to verify in this regard, and ascertain the correct position of law. The learned counsel appearing for the petitioner brought to my notice the decision reported in - Mohan Lal v. Hari Prasad Yadav - (1994) 4 Supreme Court Cases, 177. It has been held by the Supreme Court in unmistakable terms therein that the Executing Court has no jurisdiction to entertain such an application for condonation of the delay beyond the period of 60 days prescribed under Article 127 of the Limitation Act and that the provisions contained in Section 5 of the Limitation Act are not attracted to such an application in view of the express exclusion contained therein. Their Lordships of the Supreme Court also held that the exercise of the Court's discretion to enlarge time under Section 145 C.P.C. also cannot be invoked since the time in such cases has not been fixed by the Court and on the other hand the time stipulated was under the statute.