NASIK MUNICIPAL CORP. versus M/S. R.M. BHANDARI & ANR.

NASIK MUNICIPAL CORP. versus M/S. R.M. BHANDARI & ANR.

Section 148 CPC empowers courts to enlarge the period for doing any act prescribed or allowed by the Code, including after expiry of the original period, up to thirty days; in appropriate cases for reasons beyond control of parties, further extension can be provided under Section 151 CPC. The High Court erred by not considering sequence of events and appellant's explanation for delay. Extension of time for deposit of costs should be granted.

Parties
Appellant: Nasik Municipal Corp.; Respondents: M/S. R.M. Bhandari & Anr.
Jurisdiction
India
Judgment Date
26 February 2016
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed; impugned order set aside.
Legal Topics
Enlargement of Time, Restoration of Execution Petition, Court Discretion Under S.148 CPC
Civil Procedure Enlargement of Time Restoration of Execution Petition Court Discretion Under S.148 CPC

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Parties

Nasik Municipal Corp.

Appellant

M/S. R.M. Bhandari & Anr.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the court has discretion under Section 148 CPC to enlarge time for depositing costs after expiry of original period set by court
  2. 2 Whether the High Court properly exercised its discretion in refusing extension of time for deposit of costs

Ratio Decidendi

Section 148 CPC empowers courts to enlarge the period for doing any act prescribed or allowed by the Code, including after expiry of the original period, up to thirty days; in appropriate cases for reasons beyond control of parties, further extension can be provided under Section 151 CPC. The High Court erred by not considering sequence of events and appellant's explanation for delay. Extension of time for deposit of costs should be granted.

Court Disposition

Appeal allowed; impugned order set aside.

Orders

  • Appellant to deposit cost of Rs.25,000/- within four weeks.
  • On deposit, Special Darkhast No.49 of 2002 shall be restored and proceeded with as per law.