DALIP SINGH Vs. DHARAMBIR AND ANOTHER

JUDGEMENT

(1.) Plaintiff no.1 Dalip Singh, by way of instant revision petition filed under Article 227 of the Constitution of India, has impugned order dated 15.05.2012 (Annexure P-4) passed by the trial court, thereby dismissing application Annexure P-2 moved by the plaintiffs/decree holders (petitioner and proforma respondent no.2) under Sections 151 and 152 of the Code of Civil Procedure (in short the CPC) for extension of time to deposit the balance sale consideration.

(2.) Suit filed by the plaintiffs was decreed vide decree dated 13.08.2004 (Annexure P-1) for specific performance of the agreement to sell dated 23.02.1998, thereby inter alia directing the plaintiffs to deposit balance sale consideration of Rs.1,20,000/- within one month. The plaintiffs failed to deposit the said amount within the stipulated period. In application Annexure P-2, the plaintiffs alleged that after obtaining copy, they learnt that the decree was conditional, but the plaintiffs and their counsel were not aware of the same. Accordingly, extension of time for deposit of balance sale consideration was sought.

(3.) Respondent no.1-defendant, by filing reply Annexure P-3, opposed the aforesaid application.