Law:

Section:

JUDGMENT MUHAMMAD RAZA QURESHI, J.---The Petitioner being Plaintiff/Decree Holder has called into question the legality and propriety of Order dated 24.03.2021 passed by the learned Trial Court dismissing an Application for seeking enlargement of time to deposit balance sale consideration. Being disgruntled with the Order, the Petitioner instituted an Appeal which was also dismissed by the learned Appellate Court below through Judgment dated 03.02.2022. 2. The concurrent findings contained in the Impugned Order and Judgment emanate from a Suit for Specific Performance of Agreement to Sell dated 15.08.1993 filed by the Petitioner/vendee. The said Suit was filed on 27.02.2015 and upon non-appearance of the Respondent No.1/Defendant the same was decreed ex parte through Judgment and Decree dated 20.10.2020 on the following terms: Hence, in these circumstances, suit of the plaintiff for specific performance of agreement to sell No.272, dated 15.08.1993 is hereby decreed in favour of the plaintiff and against the defendant. Plaintiff is directed to pay the remaining consideration amount i.e. Rs.30,000/- within a period of two months from the date of this , failing which suit of the plaintiff shall be deemed to be dismissed. No order as to costs. Decree sheet be prepared. 3. The Petitioner being Decree Holder on 11.02.2021 filed an Application for enforcement of Judgment and Decree dated 20.10.2020 and sought permission to deposit the balance sale consideration amount of Rs.30,000/- as per the mandate of Judgment and Decree. It is pertinent to mention here that in his Application the Petitioner/Decree Holder conceded that due to an inadvertent mistake he could not deposit the amount within the time stipulated by the Judgment and Decree passed by the learned Trial Court. The justification canvassed in the Application for non-deposit of the balance sale consideration after the expiry of time stipulated by the Judgment and Decree was on account of his ailment. It is an admitted position that the Application neither disclosed the nature of ailment nor annexed any documentary material in support thereof. 4. The learned Civil Judge while adjudicating the merits of the…

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