P V CHALAPATHI Vs. T SUBBA REDDY

JUDGEMENT

(1.) This revision petition is preferred against the order passed by thelearned Subordinate Judge, Cuddapah' dismissing I.A. 493/87 preferred by the petitioner seeking extension of time for depositing the balance of sale consideration of Rs. 3,91,210/- until 25-7-1987. The material facts giving rise to the above revision petition may be briefly stated.

(2.) The petitioner instituted O. S. No. 62/84 on the file of the Sub-Court, Cuddapah for specific performance of an agreement of sale, dated 6-4-1981 executed in his favour by the respondent. The suit was decreed on 25-6-1987 on condition that the petitioner should deposit into the court the balance of sale consideration of Rs. 3,91,210/- within one month from the date of the decree. In default of deposit of the amount the court directed that the suit would stand dismissed. The petitioner applied for a challan for remittance of the amount into the court on the 20th July, 1987 and was supplied with the same. The petitioner would have it that while he was making arrangements to deposit the amount into the court his brother seriously fell ill, that he was admitted into the Ruia Hospital, Tirupathi for treatment, that later his brother had to undergo a surgical operation at Madras and that he could not therefore return to Cuddapah in time to deposit the amount. He therefore filed I.A. 493/87 on 25-7-87 seeking extension of time by one month for depositing the amount.

(3.) The application was resisted by the respondent contending interalia that the plea put forward by the petitioner was any thing but true, that the petitioner having obtained a challan his presence was not at all necessary at Cuddapah for depositing the balance amount into the court and that in any event the court has no jurisdiction to extend time for depositing the balance amount.