MADAN LAL Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This is defendant's revision petition challenging the impugned order dated 5.12.2009 whereby Civil Judge (Junior Division), Faridabad has allowed application filed under Section 148 CPC for extending the period to deposit the amount by the plaintiff-respondents as granted vide order dated 12.12.2008.

(2.) The jurisdiction of the Civil Court to extend the period under Section 148 CPC is not disputed, however, contention raised on behalf of the petitioner is that the plaintiff-respondents did not comply with the conditional order dated 12.12.2008 and failed to deposit the amount as per the directions and, thus, the interim order stood automatically vacated as the application was filed at a very belated stage on 17.4.2009.

(3.) The provisions contained in Section 148 CPC envisage that the court can enlarge the time which is fixed by it for doing some act and the aforesaid time can be enlarged from time to time. The trial court was very well within its jurisdiction to extend the time in its discretion.