Court power to extend time for deposit under a conditional decree where bona fide compliance efforts were shown.

Section 148 CPC empowers the court to enlarge time fixed or granted for doing an act, even after expiry of the original period, and the power is discretionary to advance the ends of justice. The provision was treated as applicable to a time-limit fixed under a conditional decree, and no bar was found in the Code or the governing rent statute to prevent extension. On the facts, bona fide steps to arrange and dispatch the deposit, together with an offer to make a fresh deposit, negatived deliberate default, so the time for deposit was liable to be extended on terms.

---

---

Issues: Whether the Court could enlarge the time fixed for deposit under the conditional decree and whether the appellant had made out a fit case for extension of time.

Analysis: Section 148 of the Code of Civil Procedure empowers the Court to enlarge the time fixed or granted for doing an act prescribed or allowed by the Code, even after the original period has expired, and the power is discretionary and meant to advance the ends of justice. The Court treated this power as applicable even where the time was fixed under a conditional decree, and held that no provision in the Code or the governing rent statute barred such enlargement. On the facts, the appellant had shown bona fides by arranging a bank draft for the amount and dispatching it, albeit not in the precise manner directed. The appellant also offered to make a fresh deposit, which negatived any deliberate default.

Conclusion: The time for deposit was liable to be extended, and the appellant was entitled to the requested relief on terms.

---