BEHARI LAL Vs. JAWAND RAM

JUDGEMENT

(1.) Behari Lal, judgment-debtor, has filed this appeal against the order dated Ist September, 1976 of the Court of Additional District Judge, Ludhiana (Shri Mewa Singh), by which an appeal filed by Jawand Ram, decree-holder, against the order dated 31st May, 1976, of the trial Court (executing Court), dismissing the execution application as being pre-mature, was accepted and that order was set aside and it was directed that the trial Court (executing Court) should proceed with the execution as the application for stay stood dismissed.

(2.) The facts of the case which are necessary for the disposal of this appeal in brief, are that Jawand Ram brought a suit for ejectment of Behari Lal from the shop being part of building No. B. IV 2052, Guru Ram Das Building Chaura Bazar, Ludhiana. That suit was decreed by the trial Court vide its judgment dated 10th November, 1975. An appeal was preferred against that judgment and decree of the trial Court. The Court of the Additional District Judge Ludhiana (Shri Mewa Singh) to which it was assigned for disposal, passed the following order on 21st January, 1976 on the stay application presented in that appeal.

(3.) The learned counsel for the judgment-debtor-appellant has argued that Section 148 Code of Civil Procedure (hereinafter called the Code), empowers the Court to extend the time fixed by it even after the expiry of the period originally fixed and, therefore, the first Appellate Court ought to have extended the time for depositing the rent for March 1976, uptil 5th May, 1976, the date on which it was actually deposited. I doubt, if I can accept the argument of the learned counsel. Section 148 ibid, reads as under :-