KALAWATI Vs. ROSHAN LAL AND ORS

JUDGEMENT

(1.) Petitioner is aggrieved by the order dated, 9.9.2005 of learned District Judge, whereby accepting the appeal against the order dated 17.11.2004 of Civil Judge (Executing Court), objections under Section 47 CPC, file by respondent-JD Roshan Lal, have been allowed and the decree has been held to have become inexecutable.

(2.) Relevant facts are that petitioner-DH filed a suit for possession of a house in the Court of Senior Sub Judge, Kinnaur against the present respondent and some other persons. That suit was decreed. Operative part of the judgment read that Court fee affixed by the petitioner was deficient and one month time was given to him (the petitioner) to make up deficiency in the Court fee. Judgment was delivered on 20.4.2002. Deficiency was not made up within the time fixed in the operative part of the judgment.

(3.) An application, under Section 148 CPC, was moved for extension of time. Though there is no order on record, suggesting that time was extended, the two Courts below have proceeded on the assumption that time had been extended, which fact suggests that there was no contest between the parties with respect to the fact that time had been extended.