ABDUL WAHID Vs. TRIBHAWAN DAS

JUDGEMENT

(1.) This is a judgment-debtor's application in revision from an order of the District Judge affirming the order of the Small Cause Court Judge who declined to entertain an application under Order 21, Rule 89. After the sale had taken place the judgment-debtor deposited within the period allowed by law the amount specified in the proclamation of sale as well as a sum equal to 5 per cent of the purchase money as required by Order 21, R 89, and applied for the sale to be set aside. He did not at that stage pay the poundage fee. The munsarim reported that the poundage fee ought to have been paid at the time the application was filed. On the very day that this office report was made the appellant applied asking for time to deposit the poundage fee.

(2.) The learned Judge remarked: I am sorry it does not lie within my jurisdiction to grant any extension under Order 21, Rule 89. Any deficiency in the deposited amount necessarily involves 1 a rejection of the objection. The application is rejected accordingly.

(3.) There is no doubt that the Small Cause Court Judge thought that inasmuch as the poundage lee had not been paid along with the application within 30 days he had no jurisdiction to grant any extension of time, and he had no option but to reject the application. This was a failure to exercise jurisdiction in case he really had jurisdiction to extend the time.