SALWANT SINGH Vs. HARINDERPAL SINGH AND ORS.

JUDGEMENT

(1.) Salwant Singh, the present petitioner, holds a conditional decree obtained ex parte from the Court of the learned Additional Civil Judge, Senior Division, Balachaur drawn on 6th February 2006 in a suit for possession by specific performance of an agreement to sell with respect to the suit property executed with Maqsudan Singh on 5th July, 1999 executable on or before 1st November, 2000 which was a Sunday. The petitioner attended the office of the Sub Registrar, Balachaur the following day with the balance sale consideration but Maqsudan Singh did not show up. Civil Suit 223 was instituted on 3rd November, 2003. The death of Maqsudan Singh came to light during service of summons issued by court in the suit. That is how his legal representatives were brought on record but did not contest the suit after being served through publication in a daily newspaper. Though the suit was decreed but a rider was put by the trial Judge directing Salwant Singh the decree holder to deposit the balance sale consideration of Rs. 50,000/- within a period of one month from the date of ex parte decree and it was directed that thereafter the LRs execute and register the sale deed in favour of the plaintiff in terms of the agreement to sell within a further period of one month, failing which the plaintiff will be at liberty to get the sale deed executed and registered through court. It may be noted that in the suit an alternative prayer was made for recovery of Rs. 2,40,000/-.

(2.) The balance amount was not deposited. After a lapse of six years Salwant Singh woke up and filed an application in the disposed of suit to grant him the relief of extension of time to make deposit. The prayer was made under Section 148 of the Code of Civil Procedure, 1908 (for short, 'the Code').

(3.) Section 148 deals with the power of the Court to enlarge time. The provision reads as follows: