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 CPC or under Section 28 of the Specific Relief Act in depositing the balance of sale consideration

Citation

CDJ 2009 MHC 398

P.Rangasamy vs Avinashi Gounder and others

Head note

Civil Procedure Code - Section 148, 151 - Limitation Act, 1963 - Article 54 - Application to condone the delay of 1230 days in depositing the balance of sale consideration as per the decree in O.S.No.242 of 1996 - Whether such an extension of time under Sections 148 & 151 of CPC can be given by the Court when the limitation Act comes in the way prescribing three years time for depositing the balance of sale consideration under Article 54 of the Limitation Act - the suit O.S.No.242 of 1996 was decreed on 29.4.1997, giving time for the plaintiff to deposit the balance of sale consideration within one month, ie., on or before 28.5.1997. So as per Article 54 of the Limitation Act, 1963, the plaintiff has to execute the decree in O.S.No.242 of 1996 on or before 28.5.2000. But unfortunately in this case I.A.No.1837 of 2001 was filed only on 10.08.2000 ie., nearly three months after the expiry of the date fixed by under Article 54 of the Limitation Act, 1963. Under such circumstance, the Court cannot extend time under Sections 148 & 151 of CPC 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 CPC or under Section 28 of the Specific Relief Act. Under such circumstances, the application I.A.No.1837 of 2001 in O.S.No.242 of 1996 is clearly barred under Article 54 of the Limitation Act, and the same is not maintainable under law.

Para 2

Limitation Act, 1963 - Article 54 - Civil Procedure Code - Section 148, 151 - Application to condone the delay of 1230 days in depositing the balance of sale consideration as per the decree in O.S.No.242 of 1996 - Whether such an extension of time under Sections 148 & 151 of CPC can be given by the Court when the limitation Act comes in the way prescribing three years time for depositing the balance of sale consideration under Article 54 of the Limitation Act - the suit O.S.No.242 of 1996 was decreed on 29.4.1997, giving time for the plaintiff to deposit the balance of sale consideration within one month, ie., on or before 28.5.1997. So as per Article 54 of the Limitation Act, 1963, the plaintiff has to execute the decree in O.S.No.242 of 1996 on or before 28.5.2000. But unfortunately in this case I.A.No.1837 of 2001 was filed only on 10.08.2000 ie., nearly three months after the expiry of the date fixed by under Article 54 of the Limitation Act, 1963. Under such circumstance, the Court cannot extend time under Sections 148 & 151 of CPC 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 CPC or under Section 28 of the Specific Relief Act. Under such circumstances, the application I.A.No.1837 of 2001 in O.S.No.242 of 1996 is clearly barred under Article 54 of the Limitation Act, and the same is not maintainable under law.

Para 2

Cases Referred:
1. Gowri Ammal Vs. Murugan and others 2006(3) CTC 418
2. Pakkiammal Vs. Anaiappan 2000(3) CTC 228
3. Arthanari Vs. S. Seshagiri Rao 2001(3) MLJ 808
4. D.Raju Vs. N.Ramalingam 2001(3) LW 254
5. Angammal Vs. Ramasamy 2003(3) MLJ 770
6. K.Rangasamy Gounder Vs. Muthusamy Gounder 2005(3) MLJ 331

Comparative Citation:
2009 (3) MLJ 1267