Bachan Singh vs Natha Singh through L.Rs.

Ashok Bhan, J.—Plaintiff-petitioner (hereinafter referred to as ''the plaintiff'') filed suit No. 386 of 1991 against the defendant-respondents for specific performance of the agreement to sell dated 25.12.1986. The said suit was decreed on 10.9.1993. While decreeing the suit of the plaintiff, the learned trial Court passed a conditional decree in the following terms:-

"The plaintiff is directed to deposit the balance sale consideration within one month from today failing which the suit of the plaintiff shall stand dismissed."

Plaintiff filed an application dated 11.10.1993 for deposit of the balance consideration. In this application, it was prayed that time for depositing the balance consideration be enlarged and the applicant be allowed to deposit the balance consideration. Trial Court dismissed this application on 12.10.1993 without issuing notice to the respondents, holding that the period of one month had already expired. Being aggrieved, plaintiff has filed the present revision petition with the contention that the conditional decree was passed on 10.9.1993 and the said application was filed by him on 11.10.1993, which was within limitation. It has been averred that 10.10.1993 was a Sunday and, therefore, the last date for deposit of the balance consideration would have been 11.10.1993, which would have fallen within one month of the passing of the decree. This aspect of the matter has not been considered by the learned Trial Court.

Counsel appearing for the respondents also states that no notice of the application was issued to the respondents and has no objection if the impugned order is set aside and the parties are given an opportunity to prove their case.

Since the trial Court failed to record any reasons as to how the application was beyond limitation, the impugned order is set aside. Trial Court is directed to adjudicate upon the application filed by the plaintiff-petitioner afresh and the same be decided after affording opportunity to the plaintiff as well as the defendant - respondents who are present in Court today. Parries, through their counsel, are directed to appear before the trial Court on 30.1.1995. No exists.