Nashik Municipal Corp. Vs. RM Bhandari & Anr.
The Code of Civil Procedure, 1908 - Section 148
Costs - Non-deposit within Stipulated Time - Enlargement of time - From the sequence of events the appellant- corporation has explained the reasons for the delay in depositing the cost and the time ought to be extended to deposit the cost - Since the execution petition was dismissed, the respondents have withdrawn the First Appeal No.344 of 1995 and the respondents cannot be deprived of the opportunity of maintaining a first appeal for challenging the decree passed against them - While extension of time is granted to the appellant to deposit the cost, the respondents cannot be rendered remediless - Respondents given liberty to have their first appeal restored by making necessary application before the first appellate court.
Enlargement of Time - In terms of Section 148 C.P.C. court has the discretion to extend the time - The words "not exceeding thirty days in total" have been inserted by the C.P.C. (Amendment) Act, 1999 - If the act could not be performed within thirty days for the reasons beyond the control of the parties, the time beyond maximum thirty days can be extended under Section 151 C.P.C.
Topic(s)-Civil Procedure - Enlargement of Time - Law Clarified