LACHHMAN SINGH Vs. BOHLI

JUDGEMENT

(1.) THE controversy here lies within a narrow compass.

(2.) A civil suit was filed by the plaintiff Smt. Bholi against Om Parkash which was dismissed by the Sub Judge 1st Class, Kurukshetra, by his judgment of August 23, 1982. On Appeal, a decree was passed on the basis of a ' compromise between the parties on September 18, 1985, in terms of which a sum of Rs. 7,000/- was to be paid to the plaintiff on or before October 30, 1985 and the balance amount of Rs. 3,000/- on or before May 30, 1986. On the payment of this amount, the case of the plaintiff was to be deemed to have been dismissed but on the failure of the defendants to make these payments, the suit of the plaintiff would be decreed.

(3.) IN pursuance of the said order of the Additional District Judge, Kurukshetra, a sum of Rs. 7,000/- was admittedly paid by the defendants to the plaintiff before the due date but the balance amount of Rs. 3,000/- was not paid before May 30, 1986. An application was filed on June 6, 1986 i. e. just seven days after the due date, for permission to deposit the said sum of Rs. 3,000/-, after condoning the delay in paying it. The refusal of the trial Court to grant extension and to allow this deposit is what is now challenged in revision.