RAJA RAM Vs. BISRAM

JUDGEMENT

(1.) This revision is directed against the order of the learned Judge Small Causes, Sitapur by which he dismissed the applicant's objection under Section 47 of the Code of Civil Procedure. The opposite party has a decree, which apparently was passed upon a compromise arrived at between the applicant and him. The terms of the decree were that the whole of the claim of the opposite party which amounted to Rs. 358/- was decreed but it was further provided that in case the applicant paid into court a sum of Rs. 190/-within one month from 27th April, 1956, the entire decretal amount shall be deemed to have been paid off and the decree shall be taken to have been satisfied in full. The decree further went on to provide that in default of payment as aforesaid the decree-holder will be entitled to execute the decree for the full amount and costs. In brief therefore a decree for the full amount of Rs. 358/- and costs had been awarded with the stipulation attached to it that in case the applicant was able to pay Rs. 190/- within one month from 27th April, 1956 it shall stand discharged in full.

(2.) The facts as held by the court "below are that the applicant sent a sum of Rs. 190/- through post office by a postal money order addressed to the Judge Small Cause Court, Sitapur, on 26th May, 1956. The money order reached the office of the Judge on 30th May, 1956 which was late by two days than the period of one month provided by the decree. The decree-holder treating that there was default by the judgment-debtor in fulfilling the stipulation regarding payment of Rs. 190/-within one month held that the entire decretal amount became payable to him (the decree-holder). The applicant feeling dissatisfied with the above order of the learned Judge has come up in revision.

(3.) The only point that has been urged in support of the revision is that the applicant having delivered the postal money order to the Post Office for transmission to the Judge on 26th May, 1950 there was sufficient compliance of the terms of the decree, in other words, he had not defaulted in fulfilling the obligations which entitled him to an order for full satisfaction of the decree. Since it is not disputed that the money order reached the court into which the money was required to be deposited within one month of 27th April, 1956, on the 30th day of March 1956, the answer to the plea raised by the applicant will depend on how far the post office can under the circumstances be treated to be an agent of the Court so that the delivery of the money order to the post office amounted to making the deposit into the court itself.