VITHALBHAI T PATEL Vs. SHYAMLAL DURGADAS KHANNA

JUDGEMENT

(1.) THIS is a revisional application on behalf of the original plaintiff from the order dated October 28, 1966, made on the Chamber summons dated October 17, 1966, whereby the City Civil Court directed that the time to deposit the balance amount of Rs. 2,000/-pursuant to the order dated August 5, 1966 be extended till November 1, 1966. The above order dated August 5, 1966 was made on the summons for judgment taken out by the plaintiff. By that order the defendant was directed to deposit the sum of Rs. 7,725/- by three instalments respectively of Rs. 3,308. 30 within one week fon or before August 12. 1966), Rs. 2,000/- within eight weeks (on or before October 9, 1966) and the balance of Rs. 2,416. 70 within four weeks thereafter. The deposit order was conditional order granting leave to the defendant to defend the suit

(2.) IN pursuance of the above order dated August 5, 1966, the defendant duly deposited in trial Court the sum of Rs. 3,308. 30 on August 12, 1966. He failed to deposit the sum of Rs. 2. 000/- on or before October 9, 1966. By the chamber summons dated October 17. 1966, he applied for extension of time to enable him to make the deposit of the second instalment. The trial Court thereupon extended the time to make deposit till November I, 1966.

(3.) MR. Patel for the plaintiff contends that the order extending time is invalid, because the Court had no jurisdiction to make that order and the application for extension of time was in effect a second application for leave to defend. That second application is not contemplated by any of the revisions of the Code of Civil Procedure and was in fact beyond time and, therefore, liable to be dismissed.