PUNJAB NATIONAL BANK Vs. SUSHIL KUMAR GARG

JUDGEMENT

(1.) The plaintiff respondent has filed a suit for possession and adjustment which was decreed on 8.12.2007. He has also prayed for mense profits from 1.8.2000 till the date of delivery of possession by the Petitioner who was the defendant in the said proceedings. Accordingly, a conditional decree was passed making the plaintiff respondent, liable to pay the ad valorem Court fee within a period of 15 days of the order. The same was not done by the respondent. An application was moved for extension of time under the provisions of Section 148, 151 and 152 CPC and it was pleaded by him that there was some ambiguity regarding the court fee to be deposited as the court had not specified as to whether the court fee was to be paid on the amount of Rs. 8000/- per month i.e. the rate of mesne profit or Rs. 3900/- per month which the petitioner has been paying as rent initially and then at the rate of Rs. 4100/- per month, It was pleaded by him while praying for extension of time that he acquired the knowledge of the order of the Trial Court on 20.12.2007 when the copy of the decree and judgement was supplied to him and that he was ready to pay the court fee as per calculation made by him to the tune of Rs. 32,170/-. He was prepared to pay the amount in cash but the Treasury was closed during public holidays on 21, 22 and 23 December, 2007. Respondent prayed for amount of Rs. 32,170/- be permitted to be deposited with the Nazir of the Court and it may also be specified as how much more court fee is required to be paid by him.

(2.) Learned Trial Court accepted the application and gave the clarification as desired by the plaintiff respondent and granted him 10 days. This order of the Trial Court dated 30.8.2008 has been assailed by the petitioner.

(3.) It was contended by the learned counsel for the petitioner that once conditional decree has been passed, the same would become operative the moment the required conditions are met and in case they are not met in that ventuality the consequences of the same have also to follow.