Mahant Ram Dass v. Mahant Ganga Dass, AIR 1961

Introduction

Facts

Mahant Ram, the plaintiff filed a suit in the Court of Sub-ordinate Judge II, Gaya for a declaration that he had been nominated as 'Mahant of Moughal Juan Sangat' by his guru Mahant Gulab Das by a registered deed therefore he has the right to manage the Sangat and other offshoots.

The trial court dismissed the suit.
In an appeal by the plaintiff in the High Court, the Court made decision in his favour with the condition that he has to pay the court fee for the trial court and the HC within three months (April 8, 1954-July 8, 1954) otherwise the appeal will be dismissed.
The time was expired but the appellant was unable to pay the fee.
He asked the case to be mentioned before the Vacation Judge on 8 July, 1954 to get some more time.
Also he filed an application on 8 July, 1954 to pay partly and rest to be paid after a month, which had been heard on 13 July, 1954 and got rejected by the division bench
Then an application under S.151 CPC for the extension of time was also rejected.
Then appellant field another petition under S.151 read with Order 47, Rule 1 of the CPC with certain reasons also got rejected but with the certificate to appeal.
The appellant then made this present appeal.

Issue

Whether the HC have inherent power to enlarge the time period, ordered by the court itself, under S.151 CPC ?

Ratio Decidendi

As per section 148 and 149 HC allows extension of time but those sections can be invoked by application before the expiry of time.
Section 151 says :

HC was in error on both the occasions when appellant filed petition within time and also made applications under section 151 of CPC.
The HC can exercise it's inherent power under Section 151 to enlarge the time
Procedural orders though peremptory in nature, it do not completely estop a Court from taking note of events and circumstances which took place within the fixed time.

Judgment