Punjab-Haryana High Court
Gram Panchayat Sahupura vs Panna Lal & Ors on 14 January, 2010
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CR No.21 of 2010 (O&M)
Date of decision: January 14, 2010.
Gram Panchayat Sahupura
...Petitioner(s)
v.
Panna Lal & Ors.
...Respondent(s)
CORAM:HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Shri Vimal S. Mann, Advocate, for the Petitioner.
Rakesh Kumar Garg, J. (Oral):
This is defendant's revision petition challenging the impugned order dated 5.12.2009 whereby Civil Judge (Junior Division), Faridabad has allowed application filed under Section 148 CPC for extending the period to deposit the amount by the plaintiff-respondents as granted vide order dated 12.12.2008.
The jurisdiction of the Civil Court to extend the period under Section 148 CPC is not disputed, however, contention raised on behalf of the petitioner is that the plaintiff-respondents did not comply with the conditional order dated 12.12.2008 and failed to deposit the amount as per the directions and, thus, the interim order stood automatically vacated as the application was filed at a very belated stage on 17.4.2009.
The provisions contained in Section 148 CPC envisage that the court can enlarge the time which is fixed by it for doing some act and the aforesaid time can be enlarged from time to time. The trial court was very well well within its jurisdiction to extend the time in its discretion.
I find no justification to invoke the jurisdiction of this Court under Article 227 of the Constitution of India to interfere in the jurisdiction so exercised by the trial court under Section 148 CPC.
Dismissed.
January 14, 2010. [ Rakesh Kumar Garg ] kadyan Judge