High CourtsDivision Bench

Bhopal Singh vs Rahul Mahavar and Others

Madhya Pradesh High Court · Decided on 9 December 2011 · Citation: (2011) 12 MP CK 0042

HON’BLE JUDGES
Vimla Jain, J · K.K. Lahoti, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 41 Rule 5
RESULT
Allowed
CASE NUMBER
FA No. 322 of 2011
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Judgment

11 paragraphs · 246 words
1.

I.A. No. 14393/2011 for extension of time to deposit the money in compliance of order dated 19.10.2011.

2.

By the aforesaid order, we directed thus:

(i) Appellant to deposit Rs. 50,000/- within a period of one month and thereafter Rs. 50,000/- within a further period of one month. Meaning thereby that within a period of two months, appellant shall deposit Rs. 1,00,000/- ( Rs. One lakh) as has been decreed against him by the trial Court.

(ii) Appellant to furnish a security as required under Order 41 rule 5 CPC before the trial Court.

(iii) On compliance of the aforesaid conditions, remaining part of the impugned judgment and decree shall remain stayed till further orders.

3.

It is stated by the appellant that because of serious illness of her daughter, who was under treatment of tumor and was admitted in Marble City Hospital, Jabalpur, the appellant could not comply with the aforesaid order within the time period as was fixed.

4.

It is submitted by the appellant that further time be allowed to the appellant for the compliance of the aforesaid.

5.

The prayer made by the appellant is not opposed by the learned counsel for respondent no. 1.

6.

In view of the aforesaid, we allow this application I.A. No. 14393/2011 and direct the appellant to comply with the order dated 19.10.2011 treating it that it is passed today.

7.

With the aforesaid direction, this application is allowed.

8.

Certified copy as per Rules.