Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In Salem Advocate Bar Assn. v. Union of India 6, the Supreme Court
held that the 30-day cap introduced in Section 148 of CPC does not curtail
the inherent powers of the Court under Section 151 of CPC to extend time
where justice so demands. The Court clarified that the rigid application of
Section 148 of CPC would lead to absurd results and that procedural law
5
2025: DHC : 7172
6
2005 6 SCC 344
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Signed By:NEHA CHOPRA Signed
Signing Date:10.09.2025 By:PURUSHAINDRA
10:54:02 CS(OS) 1159/2014 Page 10 of 22
KUMAR KAURAV
cannot be construed to promote injustice. It emphasized that even
peremptory procedural orders are not absolute and Courts retain discretion
to extend time in exceptional circumstances, such as events beyond a party's
control. Accordingly, Section 148 of CPC must be read harmoniously with
Section 151 of CPC to permit extensions beyond 30 days, provided
sufficient cause is shown, so as to secure the ends of justice and prevent
abuse of process. Paragraphs Nos. 41 to 43 of the decision reads as under:-