Arun Kumar Verma and Another vs Reshmi Devi

Gurusharan Sharma, J.—Title No. 2 of 1995 for specific performance of agreement for sale was decreed, directing the plaintiff decree holder to pay balance amount of consideration to the tune of Rs. 1500/- to the defendant-judgment debtor within one month and thereafter defendants judgment debtor was directed to execute sale deed in respect of the suit land mentioned in Schedule I to the plant in favour of plaintiff-decree holder within two months. On 13.3.1997, the degree holder filed a petition without serving a copy thereof on the counsel for the judgment debtor, for extension of the period and permission to deposit the aforesaid balance consideration amount in the treasury, which was allowed on the same day and time was extended upto 28.3.1997. The said amount was deposited on 28.3.1997 through chalan. Thereafter on 6.2.1998 a petition was filed on behalf of judgment debtor to recall the said order dated 13.3.1997, which was passed behind her back. However, by impugned order dated 12.3.1999, the learned Munsif, Second Court, Vaishali at Hajipur recalled order and fixed 12.4.1999 for hearing the parties on the plaintiff's petition dated 13.3.1997.

In the facts and circumstances of the case, there was no occasion to recall order dated 13.3.1997, so far extension of time to deposit balance amount of consideration was concerned. It was within the discretion of the court to extend the time in the facts and circumstances of the case and no prejudice was caused to the defendant judgment-debtor and, therefore, there was no occasion to recall order dated 13.3.1997. The impugned order is, therefore, set aside and this revision application is allowed, but without costs.