9911796707
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Issues:
Interpretation of time limit for deposit in a decree, applicability of Section 9 of the General Clauses Act, discretion of trial court in extending time for deposit. Analysis: The judgment involves an appeal by defendant No. 2 against a decree that directed a deposit of a certain amount within fifteen days. The trial court held the deposit was made on the sixteenth day, leading to the decree's execution as if default occurred. The defendant sought an extension, but the court found no power to extend time in execution proceedings under Section 5 of the Indian Limitation Act. On appeal, the decision was upheld, stating Section 12 of the Indian Limitation Act and Section 9 of the General Clauses Act did not apply. The appellate judge included the first day of the order within the fifteen-day period, setting the deadline on February 6. The discretion of the trial court regarding time extension was deemed valid. The appellant argued that the deposit was made within time, contrary to the lower courts' findings. The judgment analyzed the decree's wording, stating that if the words "within fifteen days from this day" were in a statute, the first day would be excluded. Referring to Section 9 of the General Clauses Act, it was noted that the word "from" excludes the first day, making the days clear. While Section 9 did not directly apply to a court order, for uniformity, the same interpretation should be applied. Thus, "fifteen days" meant fifteen clear days, excluding the date of the order. The judgment emphasized that the meaning of the expression used in the order, not the judge's intention, was crucial. As a result, the lower appellate court's decision was reversed, and the darkhast based on the late payment was dismissed. The appellant was granted the right to file a darkhast for a sale-deed based on the deposit being made in time. The appeal was allowed with costs in both courts, providing clarity on the interpretation of time limits in decrees and the applicability of statutory provisions.
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