SOMESHWAR DAYAL Vs. WIDOW OF LALMAN SHAH

JUDGEMENT

(1.) This is an application in revision by the defendants against an order of a learned Munsif of Kheri dated the 28th of November 1950 extending the time granted to the opposite-party for making the deposit of a sum of money which represented the sale consideration in respect of a decree that was made by that court for specific performance of a contract of sale.

(2.) This revision in the first instance came up before a learned single Judge who referred it to a Bench for decision because a question of some importance arose namely, whether the court below had the power to extend the period for making the deposit after the court had fixed the period for the deposit in the order by which it disposed of the suit for specific performance.

(3.) On the 16th of November 1944 a decree for specific performance was made in favour of one Lalman Sah as against Kashi Prasad and one Kunj Behari. The plaintiff Lalman Sah sued to enforce a contract of sale which had been entered into between him & Kashi Prasad. Kunj Behari was no party to this contract nor was he in the first instance a party to the suit. Kunj Behari Lal, however, applied to be made a party to the suit as he claimed title to the property and he was thereafter added as a party.