Case Note & Summary
The petitioner, Tanaji Narayan Maske, obtained a decree for specific performance of a contract against the respondent, Bharat Sukhadev Thite, on 2 May 2001. The decree directed the petitioner to pay a sum of Rs.32,000/- within two months. The petitioner failed to deposit the amount within the stipulated time. On 17 July 2001, about 15 days beyond the deadline, he applied for extension of time to deposit the balance, offering to deposit Rs.10,000/- immediately and seeking more time for the remainder, pleading that he was an agriculturist and unable to pay within the original time. The trial court rejected the application on the ground that the plaintiff had not filed an execution petition and that the condition imposed by the court was not a formal condition. The petitioner challenged this order in the High Court. The respondent contended that the court had no power to extend time and had become functus officio after the expiry of the stipulated period. The High Court, relying on Section 28 of the Specific Relief Act, 1963, and Section 148 of the Code of Civil Procedure, 1908, held that the court has the power to extend time even after the expiry of the originally fixed period. The court noted that Section 28 clearly contemplates the power to extend time, and Section 148 CPC enables a party to apply for extension even after the period has expired. The High Court set aside the trial court's order and directed the trial court to consider the petitioner's application for extension of time on its merits, in accordance with law.
Headnote
A) Specific Relief Act - Extension of Time for Deposit - Section 28 - Power to Extend Time - The court has the power under Section 28 of the Specific Relief Act, 1963 to extend time for deposit of balance consideration in a decree for specific performance, even after the originally fixed period has expired. The trial court's rejection of the application on the ground that the condition was not formal was erroneous. (Paras 5-7) B) Code of Civil Procedure - Extension of Time - Section 148 - Application After Expiry - Section 148 CPC specifically enables a party to apply for extension of time even though the period originally fixed may have expired. The court does not become functus officio merely because the stipulated period has passed. (Paras 6-7)
Issue of Consideration
Whether the trial court has the power to extend time for deposit of balance consideration in a decree for specific performance after the originally stipulated period has expired, and whether the court becomes functus officio after the expiry of such period.
Final Decision
The High Court allowed the writ petition, set aside the trial court's order below exh.56, and directed the trial court to consider the petitioner's application for extension of time on its merits in accordance with law.
Law Points
- Power to extend time for deposit in specific performance decree exists under Section 28 of Specific Relief Act
- 1963
- even after expiry of originally fixed period
- Section 148 CPC enables application for extension after expiry
- Court not functus officio until decree fully executed.
