A civil court sets aside an ex parte decree subject to payment of costs within seven days. The…
Section 148 permits enlargement of a court-fixed procedural period even after it expires, subject to its 30-day limit. The Supreme Court in Salem Advocate Bar Association…
Choose your answer
A civil court sets aside an ex parte decree subject to payment of costs within seven days. The application stands dismissed when the costs are unpaid. More than 30 days later the applicant asks to extend the court-fixed payment deadline. Which statement correctly describes the court's power under the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer B
Section 148 permits enlargement of a court-fixed procedural period even after it expires, subject to its 30-day limit.
The Supreme Court in Salem Advocate Bar Association (II) held that section 151 preserves inherent power to extend time beyond that limit in an appropriate case.
The applicant must establish grounds for relief. Section 5 of the Limitation Act is not a mandatory companion to an application to enlarge this court-fixed deadline.
Option feedback
Option A
Expiry of the court-fixed procedural deadline does not by itself exhaust the court's power.
Option B
The court can consider relief under its inherent power in an appropriate case. It need not grant relief automatically.
Option C
The request concerns enlargement of a deadline fixed by the court. It does not necessarily seek condonation of delay under a statutory limitation period.
Option D
The 30-day language restricts section 148 itself but does not extinguish the exceptional power under section 151.
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