S. 148 of the Civil Procedure Code is not applicable to the extension of time for the performance of an obligation under a compromise decree, as the time fixed for such performance is not prescribed or allowed by any provision of the Code or the rules made thereunder.

( 1 ) THE plaintiff-petitioner purchased from the defendant-respondent one Lathe Machine for a sum of Rs. 17,000. 00 and odd. After delivery he did not find the lathe machine in working condition. After correspondence he filed a suit against the defendant for a decree directing him to perform his part of the contract to replace the machine in question and to pay Rs. 20,000. 00 as damages etc. The suit was contested. The evidence was being recorded and on 25-2-83 the plaintiff and the defendant entered into a compromise. They made the following statements before the Court :

" Statement of Shri D. D. Chiohgur, partner of the plaintiff and Harbhajan Singh, proprietor of the defendant on S. A : We have compromised the suit. It is agreed that the plaintiff shall send the machine in question of 12 ft which was supplied by the defendant with the accessories except the parts which were found missing to the factory of Mr. Zaki Hussan at B-136, Okhla Phase I within three months and the defendant shall in place of the said machine supply two machines i. e. one of model BD-2 of 6 ft and one of the model BD-3 of 6 ft as prescribed in Ext. PT with all accessories. After the defendant gets ready the machine within 3 months from today he would send intimation in writing to the plaintiff and the plaintiffs representative shall check the machines at the factory of the defendant and after the machines are approved the defendant shall deliver the same to the plaintiff or his representative at the factory of Zaki Hussain and defendant shall be delivered back the machine in question. The plaintiff shall also intimate in writing to the defendant the date on which the machine in question reaches the factory of Mr. Zaki Hussan. The plaintiff shall bear the expenses of transporation of the machines from Bombay to factory of Zaki Hussain and also for the machines which they shall get for taking to Bombay. It is also agreed that Zaki Hussan would be the final referee for deciding whether the machines which the defendant shall manufacture are in accordance with specifications and in working order. It is also agreed that in case plaintiff fails to comply with the above terms the suit shall stand dismissed with costs and in case defendant fails to comply with the above terras then the suit shall stand decreed for the sum of Rs. 20,000. 00 with proportionate costs. "

( 2 ) THE Additional District Judge passed a decree on 25-2-83 in terms of the compromise. On. 16-5-83 the plaintiff made an application under S. 148 of the Civil Procedure Code. (for short the code ) for extension of time for compliance of the obligation under the above decree. It was submitted that the plaintiff could not send machine from Bombay to Shri Zaki Hussan in terms of the compromise as there had been a strike by the workers in his factory, that the strikers had gheraoed the factory for about 2 months and they were not allowing any machine to be taken out. of the factory including the machine in question. On account of the said strike and other reasons mentioned in the application the plaintiff prayed for extension of time by two months for sending the machine to Shri Zaki Hassan for replacement in accordance with the compromise. The application was contested by the defendants. The trial Court by judgment and order dated 15th Nov. 1983 dismissed the application holding that the Court had no jurisdiction to extend the time under S. 148 of the Code.

( 3 ) THE question for decision in this revision is whether the Court under S. 148 of the Code has jurisdiction to extend the time fixed under the compromise decree for the performance of an obligation under the decree.

( 4 ) LEARNED counsel for the plaintiff submits that three months time was fixed by the Court at the instance of the parties for the delivery of machines by the plaintiff to Sh. Zaki Hussan at Delhi and therefore he submits that the Court under S. 148 of the Code has jurisdiction to extend the time. He further submits that th

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