Power of Court under S. 148, CPC to enlarge time to do any act prescribed or allowed by this code

SHIVSHANKAR GURGAR v. DILIP (Civil Appeal No. 52 of 2014) decided on JAN 3, 2014

Citation [2014] 1 S.C.R. 18 (sci.nic.in)

Section 148 of the Code of Civil Procedure :

148. Enlargement of time – Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period not exceeding thirty days in total, even though the period originally fixed or

granted may have expired.

held "such a power can be exercised only in a case where a period is fixed or granted by the court for doing of any act prescribed by this Court. In a compromise decree such as the one on hand, the stipulation that the judgment debtor is required to make the payment of the money within a specified period is a stipulation by agreement between the parties and it is not a period fixed by the court. Therefore, Section 148 CPC has no application to such a situation."