Description

Section 148 of the Code of Civil Procedure (CPC) provides a mechanism for enlarging the time allowed for doing any act or filing any document required by the court. It empowers the court to grant extensions of time for compliance with its orders, rulings, or procedural requirements under civil proceedings.

Key Provisions of Section 148:

1. Power of Court to Extend Time:

   • Section 148 grants the court the power to extend the time prescribed for doing any act or filing any document required by the CPC or ordered by the court. This applies in situations where a party cannot complete a required action within the prescribed time.
   • The court may enlarge the time either before or after the time limit has expired, providing flexibility in situations where delays are beyond the control of the parties involved.

2. Discretionary Power:

   • The extension of time is discretionary on the part of the court. The court will consider the reasons for the delay or the request for an extension, such as if the delay was due to circumstances beyond the party's control (e.g., illness, unforeseen events, or administrative delays).
   • While the court can grant the extension, it is not bound to do so and may refuse the request if it believes the delay was unjustified.

3. Application for Extension:

   • The party seeking an extension of time must file an application with the court explaining the reasons for not complying with the original time limit and providing reasons why an extension should be granted. This application may include details about the circumstances surrounding the delay.

4. No Limits on the Number of Extensions:

   • The section does not prescribe a specific limit on the number of times the court can enlarge the time. The court can grant multiple extensions if it deems it necessary to ensure justice and fairness, provided it considers the facts of the case and the reasons for delay.

5. Use in Various Stages of Civil Proceedings:

   • This provision can be applied at any stage of a civil suit or proceeding, whether during the filing of pleadings, the completion of formalities, the filing of evidence, or the compliance with any court order. It is a valuable tool to allow a party to meet deadlines in exceptional circumstances.

6. Effect on Limitation Period:

   • Section 148 does not affect limitation periods prescribed by law for filing appeals or suits. The Limitation Act, 1963 governs such matters, and the extension under Section 148 may not extend the time allowed by the Limitation Act unless specifically permitted under the relevant provisions of that Act.

7. Conditions for Enlargement:

   • The court may impose conditions when granting an extension. For example, the court may require the party requesting the extension to pay costs to the opposing party or provide an undertaking to complete the action within the newly set time limit.

Punishment

Section 148 does not prescribe punishment for failure to comply with a time limit. However, there can be consequences for missing deadlines, such as:

1. Dismissal of Proceedings:

   • If a party does not meet the deadlines set by the court and no extension is granted, the court may proceed with the case based on the defaulting party’s failure to comply, potentially leading to dismissal of the suit or appeal.

2. Denial of Relief:

   • If a party fails to file documents, pleadings, or take necessary actions within the prescribed time and does not receive an extension, the court may refuse to entertain the relief sought by the party. For instance, if the party does not file an appeal or response within time, the court might dismiss the case.

3. Costs and Penalties:

   • The court may impose costs or penalties on the party responsible for the delay, especially if the delay is found to be without reasonable cause. This is done to deter unnecessary delays in the judicial process.