SACHIN JAIN Vs. NOORDIN

JUDGEMENT

(1.) Present revision petition under Article 227 of the Constitution of India for setting aside order dated 17.11.2014 (Annexure P/3) passed by Civil Judge (Junior Division), Nuh, whereby the prayer made by the petitioner seeking permission to deposit the balance sale consideration after the due date, was declined.

(2.) Relevant facts for decision of present petition; that as per judgment and decree dated 16.09.2014 (Annexure P-1), the petitioner was to deposit the balance sale consideration within a period of two months from the date of passing of the said judgment and decree. Respondent filed an appeal against the judgment of Court of first instance and the same was dismissed on 26.11.2014. However, the petitioner could not deposit the balance sale consideration before 16.11.2014 as he was defending the appeal. On 16.11.2014 itself, which was the last day for depositing the balance amount, the petitioner made efforts but that was Sunday on the next day, i.e. on 17.11.2014, an application was filed before the Court below seeking permission to deposit the balance sale consideration. The Court below passed impugned order thereby dismissing the application and the present revision is against the said order.

(3.) Learned counsel for the petitioner submitted that as per judgment and decree dated 16.11.2014 (Annexure P/1) the petitioner was required to desposit the balance sale consideration within two months and the last date was 16.11.2014, which was Sunday. On the next date itself, which was last day of limitation as per the provisions of Limitation Act as well, the application was moved for depositing of the balance amount. However, the said application was dismissed. Still the petitioner deposited the amount through E-Challan on 17.11.2014 (Annexure P/4) to show his bona fides.