JAGJIT SINGH Vs. SANKATHA SINGH

JUDGEMENT

(1.) The two questions which have been referred to the Fall Bench are as follows : (1) Whether the provisions of Order 34, Rule 7 (2) and Rule 9, Civil P. C., apply to a case in which an order allowing redemption of a mortgage has been made under Section 16, Agriculturists' Relief Act and the mortgage money has not been deposited within the time fixed by the Court, and (2) if the said provisions do not apply can the time fixed by an order under Section 16, Agriculturists' Relief Act, for payment of the redemption money be extended either on the principles underlying those provisions or under Sections 148 or 151, Civil P.C.?

(2.) The facts which led to this reference to a Full Bench are briefly as follows: The petitioners made an application for redemption of a mortgage under Section 12, Agriculturists' Relief Act. On 31st August 1942, Mr. R. K. Sircar, Munsif Rae Bareli, passed an order for redemption on payment of Rs. 486-6-0 within six months of the date of the order. On 27th February 1943, the petitioner deposited Rs. 340 in the Court and applied for extension of time to pay the balance. Notice of the application was issued to the opposite party. The application was fixed for hearing on 27th March 1943.

(3.) On 16th March 1943, the petitioners deposited the balance of the redemption money. The case was adjourned to 17thh April 1943. When it was taken up for hearing it was contended on behalf of the opposite party that under the provisions of the Agriculturists' Relief Act, which were different from the corresponding provisions in Order 34, Civil P. C., if redemption is allowed on payment of a certain sum within the time fixed, the payment must be made within that time. If it is not made within the time allowed by the order of redemption, the application for redemption must be dismissed. The Court has no authority to extend the time in such cases. The trial Court accepted this contention and dismissed the application for redemption because the money had not been deposited within the time fixed and it had no power to extend the time originally fixed for payment.