UNION OF INDIA Vs. DEEP KUMAR

JUDGEMENT

(1.) This petition is directed, against the order of the trial Court dated 6th January, 1988 whereby the application under Section 148 read with Section 151 CPC for extending the time for payment of the cost was dismissed. The plaintiff filed the suit on 2nd December, 1985. The defendants were to file the written statement on 29th June, 1986. However, the case was adjourned from time to time but no written statement was filed. On 1st April, 1986, the case was adjourned for 30th April, 1986, 24th May, 1986, 21st July, 1986, 11th August, 1986 and 30th August, 1986, but no written statement was filed. On 30th August, 1986 the defendants were allowed adjournments for filing the written statements on 22nd September, 1986, which was granted subject to payment of Rs. 20/- as costs. On 22nd September, 1986, also no written statement was filed and the Court passed the following order :-

(2.) Meanwhile, on 28th September, 1987 the defendant moved an application under Section 148 read with Section 151 CPC and also tendered Rs. 20/- as costs awarded on 22nd September, 1986. The said cost was declined by the learned counsel for the plaintiff. The said revision petition was consequently got dismissed as withdrawn vide order dated 19th February, 1987. The order reads as under :-

(3.) On the other hand, the learned counsel for the respondent submitted that no petition under Section 115 CPC was maintainable against the impugned order. It was the discretion of the trial Court to extend time if any and if the same was refused in exercise of its power by the trial Court, the same will not be interfered with in revisional jurisdiction. According to the learned counsel on the basis of the averments made in the plaint itself the suit should have been decreed by the trial Court when the defence was struck off in view of the judgment of this Court reported in M/s. Rajesh Industrial Corporation and others v. Bank of Maharashtra, 1987 RRR 420.