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1971 Supreme(Mad) 32

G.RAMANUJAM
P. K. Sukamaran – Appellant
Versus
Sulaiman Khan – Respondent


Advocates:
K. Sarvabhauman, for Petitioner.
K. Kanakaraj for M/s. Raj and Raj, for Respondents.

Order.-

The petitioner herein filed a suit, O.S. No. 810 of 1968 for a declamation of his title to certain trees and for an injunction restraining the respondent herein from cutting the said trees. After trial, the trial Court decided the suit in favour of the petitioner and the operative portion of its judgment, dated 22nd October, 1970 was as follows:

“ In the result, the plaintiff is entitled to declaration and injunction as prayed for provided he pays the contract amount on or before 23rd November, 1970. Failing which the suit will stand dismissed.”

The petitioner, however, did not pay the contract amount as directed on or before 23rd November, 1970. He, however, chose to file an application on 25th November, 1970 under sections 148 and 151 of the Code of Civil Procedure, to extend the time for depositing the contract amount as per the decree dated 22nd October, 1970. That application has been dismissed by the lower Court on the ground that the order has worked itself out as a result of which the suit stands dismissed, and that it had no power to extend the time at that stage after the suit stood dismissed. It is the said order of the lower Court that is attacked in this revisio












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