Case Note & Summary
The petitioners, original defendants in a suit for perpetual injunction filed on 11th February 2002, sought to take their written statement on record after an inordinate delay. The trial court allowed the application on 15th September 2004, subject to payment of Rs. 150/- cost to the plaintiff within one month, i.e., by 15th October 2004. The defendants failed to deposit the cost within the stipulated time. Subsequently, on 3rd February 2005, they filed an application under Section 148 of the Code of Civil Procedure, 1908 (CPC) seeking extension of time to deposit the cost. The trial court rejected that application on the same day. The defendants then filed the present writ petition challenging the rejection. The High Court, after hearing both sides, noted that the defendants had not deposited the cost within the stipulated period and that the application for extension was filed after a delay of nearly four months. The court observed that the trial court's order was just and proper and that there was no ground to interfere with the discretion exercised by the trial court. The writ petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure Code - Section 148 - Extension of Time - Cost Deposit - The petitioners-defendants failed to deposit cost of Rs. 150/- within one month as ordered by the trial court. Their application under Section 148 CPC for extension of time was rejected. The High Court held that the trial court's order was just and proper, and no interference was warranted. (Paras 1-3)
Issue of Consideration
Whether the trial court was justified in rejecting the application under Section 148 CPC for extension of time to deposit cost when the defendants failed to deposit the cost within the stipulated period.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Section 148 CPC
- extension of time
- cost deposit
- condonation of delay
- discretion of court
Case Details
2005 LawText (BOM) (12) 77
Writ Petition No. 1866 of 2005
Mr. T.S. Ingale for the petitioners, Mr. A.M. Kulkarni for the respondent
Sou. Smita Arvinda Apte and Shri Ashok J. Patil
Shri Ajay Pandurang Potdar
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Nature of Litigation
Civil writ petition challenging rejection of application under Section 148 CPC for extension of time to deposit cost.
Remedy Sought
The petitioners sought extension of time to deposit cost of Rs. 150/- as ordered by the trial court.
Filing Reason
The petitioners failed to deposit the cost within the stipulated time and their application for extension was rejected.
Previous Decisions
The trial court allowed the application to take written statement on record subject to payment of Rs. 150/- cost within one month on 15/9/2004. The petitioners failed to deposit within time. Their application under Section 148 CPC for extension was rejected on 3/2/2005.
Issues
Whether the trial court erred in rejecting the application under Section 148 CPC for extension of time to deposit cost.
Submissions/Arguments
The petitioners argued that the trial court should have granted extension of time to deposit the cost.
The respondent contended that there was no question of grant of any extension as the petitioners had failed to deposit within the stipulated time.
Ratio Decidendi
The trial court's discretion in rejecting the application for extension of time under Section 148 CPC was just and proper, and no interference is warranted when the party failed to comply with the conditional order within the stipulated period.
Judgment Excerpts
The petitioners-original defendants failed to deposit the cost, within the stipulated time even though ordered by the trial Court.
The order passed by the trial Court is just and proper. There is no ground to interfere with the same.
Procedural History
Suit filed on 11/2/2002. Application to take written statement on record allowed on 15/9/2004 subject to cost of Rs. 150/- within one month. Cost not deposited. Application under Section 148 CPC for extension filed on 3/2/2005 and rejected same day. Writ petition filed challenging rejection.
Acts & Sections
- Code of Civil Procedure, 1908: Section 148
