Court held that cannot extend time under sections 148 and 151 of C.P.C. when the time granted under the Limitation Act has already been expired

Citation

CDJ 2013 MHC 3541

G.Kesavan vs B.C.Raman

Head note

Constitution of India - Article 227 – Civil Procedure Code - section 148 and section 151 - Specific Relief Act - section 28 - Limitation Act, 1963 - Article 54 - suit for specific performance - Aggrieved against the order of the court below in dismissing his application filed under sections 148 and 151 C.P.C. seeking extension of time to deposit the sale consideration as per the decree passed in the said suit - Court held that cannot extend time under sections 148 and 151 of C.P.C. when the time granted under the Limitation Act has already been expired. Once the suit is barred under the Limitation Act, the Court thereafter cannot extend the time either under Section 148 or under Section 151 of C.P.C. or under Section 28 of the Specific Relief Act - civil revision petition is dismissed.

Cases Referred:
(i) 2009(8) MLJ 417(SC), Bhupinder Kumar v. Angrej Singh;
(ii) 2013(2)CTC 518, Vijay Ammal v. Ramalinga Naidu and another;
(iii) 2009(3)MLJ1267,P.Rangasamy v. Avinashi Gounder and another;
(iv) 2013(2) CTC 518, Vijay Ammal v. Ramalinga Naidu and Another
(v) 2009(8) MLJ 417, Bhupinder Kumar v. Angrej Singh,
(vi) 2009(3)MLJ 1267, P.Rangasamy v. Avinashi Gounder and another.

Comparative Citations:
2013 (4) LW 626, 2014 (1) MLJ 862,