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        Case ID :

        1985 (12) TMI 364 - HC - Indian Laws

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        Civil Procedure time extension can be granted after expiry where the condition is procedural and the matter remains pending. Section 148 of the Code of Civil Procedure permits a court, in its discretion, to enlarge time fixed by it even after the original period has expired. ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Civil Procedure time extension can be granted after expiry where the condition is procedural and the matter remains pending.

                            Section 148 of the Code of Civil Procedure permits a court, in its discretion, to enlarge time fixed by it even after the original period has expired. Where Section 148 is not strictly applicable, Section 151 may support relief in proper cases if the condition is procedural and the proceeding has not been finally disposed of. The court retains seisin of the matter despite expiry of the fixed period, and procedural deadlines should not defeat justice where extension is otherwise appropriate.




                            Issues: Whether the court had jurisdiction to enlarge the time fixed for deposit of costs after the original period had expired and whether such extension could be granted in a proceeding governed by a conditional order.

                            Analysis: Section 148 of the Code of Civil Procedure permits the court, in its discretion, to enlarge a period fixed or granted by it even after expiry of the original period. Where Section 148 does not strictly apply, relief may still be granted under Section 151 of the Code of Civil Procedure in proper cases if the condition is procedural and the proceeding has not been finally disposed of. The court retained seisin of the matter and the expiry of the time fixed did not, by itself, denude it of jurisdiction to extend time. The principles that procedure should aid justice, not defeat it, and that a party should not suffer from the act of the court, support such enlargement in appropriate cases.

                            Conclusion: The court had power to extend the time for deposit of costs and the revision challenging that exercise of jurisdiction failed.

                            Ratio Decidendi: A court may enlarge time under Section 148 of the Code of Civil Procedure even after the original period expires, and may invoke Section 151 of the Code of Civil Procedure where necessary, so long as the matter has not been finally disposed of and the condition is procedural rather than substantive.


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