BANK OF RAJASTHAN LTD Vs. ANDHRA BANK

JUDGEMENT

(1.) THE plaintiffs have filed the summary suit for recovery of money.

(2.) BY this Chamber Summons, a prayer is sought by defendant No. 1 to condone the delay, to deposit a sum of Rs. 6 lakhs as ordered, in Summons for Judgment No. 702 of 2002. The operative part of the order dated 27-11-2003 is as follows:

(3.) BY an affidavit in reply, the plaintiffs have opposed the said application for the condonation of delay. The case in the affidavit of reply is that, in view of Rule 3 (6) and 3 (7) of Order XXXVII of the C. P. C. there is no provision and power to condone the delay and to extend the time for making the deposit, as prayed by defendant No. 1. No case is made out for condonation of delay. It is also contended that there is delay of more than 21 days and in fact it is more than 31 days, as the affidavit in support of Chamber Summons was affirmed on 29-1-2004 but the Chamber Summons has been taken out only as late as on 9-2-2004. Therefore even assuming that the section 148 of the C. P. Code is applicable, a period fixed or granted by the Court cannot be enlarged for a period, not exceeding 30 days in total.