JIWA UMAR KACHHI Vs. GULABCHAND

JUDGEMENT

(1.) SUBHEDAR , A.J.C. 1. In proceedings for final decree for foreclosure the applicant judgment-debtor pleaded an adjustment but the Court of the first instance held the plea not proved and made the decree final in spite of a belated prayer for extension of time. Against this order an appeal was preferred to the District Judge, Akola, but was rejected. The applicant, therefore, comes up to this Court in revision.

(2.) IT is argued here that the lower Courts were in error in not accepting the money which the applicant was willing to deposit just before the case was closed. But mere tender of money is not enough. Unless good cause for extension is alleged and proved the Courts have got no discretion left to condone the delay. The alleged cause for nonpayment at the proper time, viz., the adjustment was held not proved by both the lower Courts and therefore they had no power to grant extension: Motilal v. Ujiar Singh A.I.R. 1928 P.C. 137.