PRIME PROMOTORS PRIVATE LIMITED Vs. AROOP KUMAR CHATTERJEE

JUDGEMENT

(1.) The plaintiff/petitioner entered into an agreement with the defendant/opposite party No. 1 for sale of the property described in the schedule to the plaint for a sum of Rs. 20,00,000/-, out of which the plaintiff paid a sum of Rs. 51,000/- as earnest money. In view of the failure of the defendants to complete the sale, the plaintiff filed a suit for specific performance of contract against the defendants, being Title Suit No. 59 of 1992, before the learned Assistant District Judge, 9th Court, Alipore, District 24-Parganas (South), and the same was decreed on contest on 31st May, 1994, in the manner following,namely,

(2.) In terms of the aforesaid judgment and decree, the time for making deposit of the balance consideration amount was valid till 30th June, 1994. On 27th June, 1994, the plaintiff/petitioner filed an application before the learned Court below praying for extension of the time for making payment of the balance consideration money and also to specify the mode of payment of the same. .

(3.) The said application was taken up for hearing by the learned Court below on 28th June, 1994, and by its Order No. 48 of even date the learned Court below rejected the petitioner' application on the ground that since the suit had been finally disposed of and in view of the passing of the decree the Court had no power to extend the time for payment of the amount under the decree. In effect, the learned Court below was 7 of the view that after passing the decree the Court had become functus officio and did not retain jurisdiction to pass any further orders in the suit. .