BENGAL CENTRAL BANK LTD Vs. BEZON AND CO

JUDGEMENT

(1.) This suit was instituted for the recovery of a large sum of money and for the declaration of charge on certain Calcutta premises. The preliminary decree was passed on 27-7-1946. On 1-2-1949, on an application by the plaintiff, Sinha J. passed a final decree and directed that the property in question would not be sold in execution of the decree for six months. He further ordered that if the petitioner, who is defendant 2, paid a sum of Rs. 5000 within that period, the said property would not be sold for another six months.

(2.) The petitioner states that owing to the reasons set forth in his petition, he could not pay the sum of Es. 5000 within the period mentioned in the decree. He says that defendant 1, who was his son-in-law and who was the real debtor, died in July 1949. He is negotiating with a party who is willing to advance Rs. 5000 on the security of his Calcutta property. Therefore he asks that the time fixed by the said decree or order dated 1-2-1949, for payment of Rs. 5000 be extended for another two months and leave be given to him to pay the balance of the decretal amount within six months thereafter.

(3.) The question is whether this Court has got any jurisdiction to make the order asked for. Mr. P. P. Ghose, counsel for the applicant relies on Section 148, Civil P. C. That section states as follows :