PANDURANG Vs. SARASWATIBAI

JUDGEMENT

(1.) In Special Civil Suit No. 12 of 1971 filed by the Plaintiff, the following decree was passed by the trial Court on July 29, 1972.

(2.) Mr. Deshpande on behalf of the petitioners (defendant Nos. 2 and 3) contended that once time if fixed by the decree to pay a particular amount, the Court is functus officio and has no jurisdiction thereafter to extend such time. He submitted that notwithstanding such clear position in law and notwithstanding the fact that the decree dated July 29, 1972, provided that the plaintiff must deposit in Court the sum of Rs. 11,000/- within three months thereof and further provided that if the amount is not paid within the said period, the suit of the plaintiff to the extent of half share in the said fields viz., survey Nos. 97 and 94 would be deemed to have been dismissed, applications for extension of time were from time to time made by the plaintiff and the same were granted. Such orders granting extension of time, according to the submission of Mr. Deshpande, are without jurisdiction. He further pointed out that even eight upto the date of the hearing of this Revision Application, the sum of Rs. 7,857/- is not deposited by the plaintiff in Court. Thus in any even the suit shall be deemed to have been dismissed so far as survey Nos. 94 and 97 are concerned.

(3.) Mr. Kurdukar on the other hand, on behalf of the plaintiff, contended that the Court has jurisdiction to extend time having regard to the provisions of Section 148 of the Code of Civil Procedure. He submitted that the power conferred by that section is discretionary without the Court and once discretion is exercised by a Court, this Court in exercise of its revisional jurisdiction ought not to interfere with such exercise of discretionary powers. He, therefore, submitted that the trial Court was right in granting time to the plaintiff by extending the time from time to time for depositing the amount in the Court pursuant to the decree dated July 29, 1972.