AI Overview...
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Section 148 of the Civil Procedure Code (CPC) - Empowers courts to extend time for doing acts prescribed or allowed by the CPC, such as filing suits, written statements, or other procedural steps. Courts have exercised this power to condone delays, subject to certain limits (e.g., maximum 90 days in some cases). The section emphasizes judicial discretion in managing procedural delays while ensuring justice Ila Vipin Pandya VS Smita Ambalal Patel - Supreme Court, Jothi Anand VS Amirtha Raj - Madras, V. N. Subramaniyam VS A. Nawab John & Others - Madras, PASHUPATI NATH ARORA VS REGISTRAR, CO-OPERATIVE SOCIETIES, JAIPUR - Rajasthan, SUKHDEV SINGH GAMBHIR VS AMRIT PAL SINGH - Delhi, T. Krishnaswamy VS Maniyamma - Andhra Pradesh, Gandeay Shravan Kumar VS D. Srinivasulu (died) per LRs. - Andhra Pradesh.
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Power of Court to Extend Time - Courts can extend time under Sections 148 and 151 CPC, but their authority is subject to limitations. For example, if an application for extension is dismissed or if the court has become functus officio, further extensions may not be granted. The courts have also held that applications under Section 148 are not independent proceedings and must be considered within the context of the main case Jothi Anand VS Amirtha Raj - Madras, T. Krishnaswamy VS Maniyamma - Andhra Pradesh.
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Condonation of Delay - Courts have condoned delays in various procedural steps, including filing written statements and representing plaints, by invoking Sections 148 and 151 CPC, especially when delays are due to genuine reasons or lack of awareness. However, such condonation is subject to the court's discretion and specific procedural limits (e.g., 90 days maximum in some cases) SUKHDEV SINGH GAMBHIR VS AMRIT PAL SINGH - Delhi, V. N. Subramaniyam VS A. Nawab John & Others - Madras.
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Limitations and Conditions - The maximum period for condoning delay under Section 148-A (e.g., 90 days) is strictly applied, and filing before the prescribed period is also relevant. Courts have clarified that delays beyond the statutory limit require proper justification, and procedural rules like Order V Rule 1 and Section 148 CPC guide the extension process PASHUPATI NATH ARORA VS REGISTRAR, CO-OPERATIVE SOCIETIES, JAIPUR - Rajasthan.
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Legal Disputes and Caveats - Section 148-A(5) CPC relates to the validity of caveats filed in pending proceedings, with courts emphasizing that caveats should be filed within prescribed time limits (e.g., 90 days) and that their validity depends on adherence to procedural rules PASHUPATI NATH ARORA VS REGISTRAR, CO-OPERATIVE SOCIETIES, JAIPUR - Rajasthan.
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Insolvency and Miscellaneous Proceedings - The courts have also interpreted Section 148 in insolvency cases, allowing courts to add necessary parties or extend procedural timelines, reaffirming the broad discretionary power under this section Rm. V. Vaithinatha Aiyar VS Kochi S. Vaithinatha Aiyar - Madras.
Analysis and Conclusion:
Section 148 CPC grants courts significant discretionary power to extend procedural time limits to prevent miscarriages of justice due to delays. However, this power is bounded by statutory limits (e.g., maximum 90 days), procedural rules, and judicial discretion. Courts have consistently upheld that applications under Section 148 are not independent but part of the main proceedings, and delays must be justified. Proper adherence to procedural limits ensures the balance between procedural efficiency and substantive justice.
References:
- Ila Vipin Pandya VS Smita Ambalal Patel - Supreme Court, Jothi Anand VS Amirtha Raj - Madras, V. N. Subramaniyam VS A. Nawab John & Others - Madras, PASHUPATI NATH ARORA VS REGISTRAR, CO-OPERATIVE SOCIETIES, JAIPUR - Rajasthan, SUKHDEV SINGH GAMBHIR VS AMRIT PAL SINGH - Delhi, T. Krishnaswamy VS Maniyamma - Andhra Pradesh, Gandeay Shravan Kumar VS D. Srinivasulu (died) per LRs. - Andhra Pradesh
Search Results for "Civil Procedure Code s 148 a 5"
2007 0 Supreme(SC) 800 • India - Supreme Court
B.P.SINGH, HARJIT SINGH BEDI
The respondent filed a civil suit alleging misappropriation of the deceased's properties and seeking payment of a large sum owed ... The court also discharged the respondent's interest as a caveatrix and deemed the civil suit filed by her to be disposed of. ... If the appellant fails to give the said undertaking within four weeks from today she will forfeit the benefit granted as per this order; and ... 5. ... The learned Single Judge then noticed the offer of the present appellant who was a defendant in Civil Suit No.....
2006 0 Supreme(Mad) 1902 • India - Madras
A.C.ARUMUGAPERUMAL ADITYAN
Civil Procedure Code (5 of 1908), Sections 148 and 151 - Power of Court to extend time -Even after dismissal of application Court ... On 5.8.2003, the petitioner filed an application vide I.A.435/2003 under Section 148 and 151 of CPC to extend the time for payment of costs. The said IA was dismissed by the trial Court on the ground that the Court has become functus officio and cannot extend the time. ... Here also I.A.No.6234/2005 was filed under Section 148 and 151 o....
2006 0 Supreme(Mad) 3586 • India - Madras
S.ASHOK KUMAR
Civil Procedure Code (5 of 1908), Sections 148, 149 and 151 - Delay in payment of deficit Court-fee -In absence of any order passed ... But the plaint was represented only on 3.5.2002 with a petition u/s.148 and 151 CPC to condone the delay of 1328 days. Again the plaint was returned on 3.6.2002 for non compliance of the earlier queries and also the deficit court fee. Again two weeks time was granted for rectifying the defects. ... But the Plaint was represented only on 22.1.2004 with ....
1931 0 Supreme(Mad) 150 • India - Madras
CORNISH
Insolvency - Adding Party to Petition - Section 9 of the Provincial Insolvency Act - 9(l) Clause (c), Section 148 Civil Procedure ... Code, Section 5 of the Limitation Act - The court held that the power of the Court to add necessary parties in a fit case was unfettered ... Fact of the Case: An Insolvency Petition was filed against the debtors, who are the petitioners in this Civil Revision ... Section 5 provides Subject to the provisions of this Act, the Court, in regard to proceedings under this Act....
2005 0 Supreme(AP) 345 • India - Andhra Pradesh
Procedure Code,1908 - Section 148 - Limitation Act - Section 5 - Seeking to stay all further proceedings - Possession of the petition ... of CPC or under Section 5 of Limitation Act specific case of the petitioners is that they were not aware of passing of the order ... small Causes Court and same was dismissed confirming order passed by learned Rent Controller - Having aggrieved by same present civil ... The sufficient cause is not defined under the civil Procedure Code or Limitation ....
1982 0 Supreme(Raj) 100 • India - Rajasthan
G.M.LODHA
-A(5) of the C.P.C. ... CAVEAT - RULE 139(3) AND (4) OF RAJASTHAN HIGH COURT RULES - SECTION 148-A(5) OF C.P.C. - VALIDITY OF CAVEAT - INTERPRETATION ... The maximum limit of 90 days as prescribed in Sub-clause (5) of Section 148-A, C.P.C. would apply, and if it is filed earlier, it ... According to Section 148-A (5), C. P. C. relied upon by Mr. Mehta for the purpose of analogy, the caveat remains....
2003 0 Supreme(Del) 437 • India - Delhi
MANMOHAN SARIN
Procedure Code, 1908, Order 5, Rule 1, Section 148. ... Civil Procedure - Written statement — Delay in filing — condensation — Partition suit — Filing of written statement after about four ... to be delaying the proceedings — Delay in filing written statement condonable on facts and circumstances on payment of costs — Civil ... Not only that, it has been filed much beyond 90 days period, upto which the Court could extend the time exercising powers under Order V Rule 1 and Section 148 ....
2000 0 Supreme(AP) 716 • India - Andhra Pradesh
VAMAN RAO
CIVIL PROCEDURE CODE, Secs.148 & 141 - LIMITATION ACT, Sec.5 - Condonation of delay in representing application for restoring ... CPC which has been dismissed for default - Application u/S.148 CPC for extension of time can not be treated as an”independent ... proceeding” with in the meaning of Sec.141 CPC - If Sec.141 is not applicable question of application under Or.9 CPC ... The implication is that Section 141 of #....
2007 0 Supreme(Mad) 1664 • India - Madras
V.RAMASUBRAMANIAN
Code of Civil Procedure (5 of 1908), Section 148-A - Indian Succession Act (39 of 1925), Section 218 - Issuances of letters of Administration ... The order of the High Court (paragraphs-4 and 5 of the judgment of the Single Judge) was extracted in paragraph-2 of its judgment by the Supreme Court as follows: ... "5. ... There is dispute about the question of law that the Caveator who denies the title of the Testator has no right to contest the Will and his remedy is to approach the Civil#HL_EN....
2003 0 Supreme(AP) 910 • India - Andhra Pradesh
C.Y.SOMAYAJULU
limitation Act - Section 5 – Civil Procedure Code - Section 148 - Order VI rule 18 Order VII Rule 11 Order ... thirty days in view of amendment to where any period is fixed or granted by court for doing of any act prescribed or allowed by this Code ... Murthy Advocate readily accepted to act as amicus curiae to assist Court in deciding question – Held, There is no provision in CPC ... ... ( 5 ) THE contention of Sri Challa sitaramayya, learned Senior Counsel, is that section #HL_START....
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