BIBI Vs. NOORI

JUDGEMENT

(1.) THE defendant was permitted to amend her written statement by the subordinate Judge on 22 -6 -1983 subject to payment of Rs. 150/ -as costs. One weeks time was granted to the defendand to file the amended written statement and it was ordered that the written statement be filed on

(2.) -7 -1983. However, on 2 -7 -1983 amended written statement was not filed by the defendant but an application seems to have been moved by the defendant for permitting her to deposit Rs. 150/ - as costs. This application was resisted by the plaintiffs. The trial court thereafter refused the defendant to file the amended written statement. 2. The defendant has come up in revision against the aforesaid order and has submitted that the trial courts refusal to allow the defendant to file the amended written statement is bad in law. Mr. Malik appearing for the respondents submits that the trial courts order is justified as it had fixed one weeks time for deposit of costs.

(3.) I have heard the learned counsel for the parties at length and have examined the record. The trial court his relied on Sec. 14i C. P. C. in support of its order, Sec. 148 C. P. C. read as under "148. Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may in its discretion, from time to time, enlarge such period, even though the period originally fixed or granted may have expired."