(TIRUVALLUR VANGIPURAM) KRISHNAMACHARULU Vs. CHITLUR VENKATA SUBBIAH

JUDGEMENT

(1.) petitioner seeks to revise the order of the District Munsif of Nandalur on I.A. No. 490 of 1924 extending by six months the period allowed in the decree in O.S. No. 250 of 1922 of the Court for obtaining a succession certificate. The decree runs: Time for succession certificate two months. The suit shall stand dismissed in default.

(2.) The counter-petitioner accordingly applied for the certificate, and finding that two months would be an insufficient period moved before its expiry for an extension.

(3.) It cannot be said that an extension was not warranted in these circumstances, and the only question is whether the District Munsif acted with jurisdiction in granting such an extension under Secs.148 and 151, Civil P. C. on the assumption that the decree was a preliminary decree. It must be held that the decree was final, and neither Section 148 nor Section 151 authorizes a Court to meddle with its final decrees. Probably the Munsif would have been better advised to act under Order 47, Rule 1.