GOLAPRAI JAIN Vs. GOURANGA MEHER

JUDGEMENT

(1.) IN execution of a money decree against the petitioner (Judgment-debtor) the property of the judgment-debtor has been attached and sold, but the sale has not been confirmed. Bala-mukunda the brother of the judgment-debtor stood surety for the judgment-debtor, and asked for payment of the money by instalments. On 15-7-66 the instalment order was passed whereby Balamukunda was to pay at the rate of Rs. 500/- per annum from 15-3-67 onwards. He paid the first instalment of rs. 500/- on 15-3-67. On 15-3-68 he defaulted. On 18-3-68 a petition was filed for extension of time, and towards the instalment he deposited Rs. 200/- on 11-468. The application for extension of time was rejected. Against the order rejecting this application the judgment-debtor has filed the Civil Revision.

(2.) MR. Das for the opposite party raised a preliminary objection that the revision is not maintainable at the instance of the judgment-debtor. The objection is technical and I find no substance in it as the instalment order was meant to benefit the judgment-debtor whose property has been put to sale and is awaiting confirmation. I accordingly dismiss the preliminary objection.

(3.) THE question for consideration is whether after the expiry of the time fixed the court has got power to extend time. Mr. Das places reliance on a Division Bench decision of this Court reported in AIR 1954 Ori 136, Hati Pratihari v. Alekh. This decision fully supports his contention. In AIR 1961 SC 882. Mahanth Ram Das v. Ganga Das, the matter was fully examined. The decision in AIR 1954 Ori 136 is directly contrary to the pronouncement made in the Supreme Court decision. This division Bench decision is no longer good law in view of the Supreme Court decision. The matter has been examined by me fully in 31 Cut LT 757 ; (AIR 1966 ori 44), Kanduri Sahu v. Nidhi Sahu, where the entire position was reviewed. It was held therein that the Court has got power to extend time though it was always open to the Court to refuse to exercise that discretion if sufficient cause is not made out.