MOHINDER SINGH Vs. SATPAL SINGH

JUDGEMENT

(1.) This petition is directed against the order dated 22.11.2008, passed by Civil Judge (Senior Division), Faridkot, dismissing an application for extension of time filed by the petitioners-decree holders (herein referred as 'the petitioners') to deposit the balance sale consideration.

(2.) Before proceeding to determine as to "whether the Court after passing of the judgment and decree had become functus officio and could recall the judgment and decree and dismiss the suit.

(3.) The factual background of the case is that the petitioners filed a suit No.989 of 16.12.2002 against the respondents for specific performance of the decree. The operative part of the decree is as under:- "It is ordered that the suit of the plaintiffs succeeds and is decreed ex-parte with costs in favour of the plaintiffs and against the defendants for possession of the suit land by way of specific performance of agreement to sell dated 24.10.1997/15.12.1998on payment of balance sale consideration by the plaintiffs in this Court within a period of one month from today and thereafter the defendants shall get the sale deed executed and registered in favour of the plaintiffs within one month."