SANT KAUR Vs. KARNAIL SINGH

JUDGEMENT

(1.) To enforce an agreement of sale, the respondents filed a suit against the petitioners for specific performance of the contract on 15th of June, 1978 along with an application for grant of time for filing court-fee. Sub-Judge First Class Kurukshetra by an order of the same date granted time to pay court-fee upto 21st July, 1978. On 21st July, 1978 another application was filed by the respondents for further extension of time upto 1st August, 1978. By an order dated 21st July, 1978, the trial Court extended the time upto 31st July, 1978, and the plaintiff-respondents paid the court-fee by the due date. After the court-fee was paid notice of the suit was given to the opposite side i.e. the petitioners and when they came to know of the suit and order dated 21st July, 1978 extending time for payment of court-fee, they filed C.R. No. 2196 of 1978 in this Court which was dismissed by S.P. Goyal, J. on January 20, 1979 with the observations to first approach the trial Court and make grievance about it. Accordingly the petitioners-defendants filed an application before the trial Court for setting aside the order of extension of time for payment of court-fee and for rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure (hereinafter called the Code). That application has been dismissed by an order dated 15th May, 1979, against which the defendants have come up in revision to this Court.

(2.) Mr. J.K. Sharma appearing for the defendants has urged that a reading of provisions of Section 149 and Order VII Rule 11 of the Code shows that time can be granted only if proper cause is shown and that the discretion has to be exercised in a reasonable manner.

(3.) The next argument of the learned counsel is that if for some reason the order of the trial Court dated 15th June, 1979 granting time for payment of court-fee upto 21st July, 1978 is not to be interfered with, no case for further extension of time upto 31st July, 1978 was made out and for this argument he draws support from proviso to Order VII Rule 11 of the Code which is reproduced hereunder :