IN THE COURT OF HON’BLE DISTRICT JUDGE PUNE AT PUNE

Misc. Civil Appeal No. /2022

Mrs. Jyoti Manoj Raka …… Appellant (Original Defendant)

Versus
Netaji Co-op. Housing Society Ltd ……Respondent (Original Plaintiff)

Written Notes of Argument on Exh.

…… dated …….

The Defendents most respectfully submits as under :

1. That the Defendant i.e Mrs. Jyoti Manoj Raka has got knowledge of
the order passed by Learned 6th Addl. Small Cause Judge and Jt.
Civil Judge Sr. Div., Pune below Exhibit 5 in the present suit.
2. That the Defendant hereinabove is shocked but fully aware about the
sudden and unexpected fact that this Hon’ble court has directed her
to pay amount of rupees 5,10,000/- (Five Lakhs Ten Thousand
Only) within two months from date of order in addition to paying
rupees 11,500/- (Eleven Thousand Five Thousand Only) per month
until the decision of suit.
3. Considering the abovementioned Order below Exhibit 5 and the
powers given to this Hon’ble court by the legislature, being a middle
class women having her business in small scale the Defendant has
made the application under Exhibit….. dated ….. under provisions
of section 148 read with section 151 of the Code of Civil Procedure.

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4. That the Defendant is already burdened with her housing loan for
which she has borrowed money from her relatives for getting some
relief and as on today she is paying amount of rupees ……. Per
month for her accommodation.
5. Defendant herein above has two children who are persuing
education. Defendant being proprietor of small scale business
somehow manages to pay fees and expenses of education of her
children and also as stated in Written Submission she is paying
license fees regularly without any dishonest intention.
6. That other than the ‘Medical Shop’ defendant does not have any
other source of income for the family expenses and other expenses
stated above. Furthermore there is one more medical shop in the
same premises doing business of same category therefore due to
such competition it is very difficult for the Defendant to collect such
a big amount in such a short span of time.
7. That the amount to be deposited by the Defendant as per order
below Exhibit 5 i.e rupees 5,10,000/- (Five Lakhs Ten Thousand
Only) being very huge and unexpected is highly impossible to be
paid as on today due to abovementioned inability.
8. That the Defendant being a law abiding citizen has no any intention
to dishonestly ignore the directions of this Hon’ble court or
intentionally not to comply the directions given below Exhibit 5. But
being aware about the powers of this Hon’ble court has made this
application simply to extend some period further.
9. If this present application on Exhibit … is not allowed and if some
further extension of time is not granted for depositing such big

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 amount then Defendant hereinabove will put to great prejudice and
great loss will be caused as against this no prejudice will be caused
to the Plaintiff Society if further appropriate time is granted.
10.Section 148 of the Code of Civil Procedure reads as “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 1[not exceeding thirty days in
total], even though the period originally fixed or granted may have
expired.” And Section 151 reads as “Nothing in this Code shall be
deemed to limit or otherwise affect the inherent power of the Court
to make such orders as may be necessary for the ends of justice or to
prevent abuse of the process of the Court”
11.Hon’ble Apex Court in AIR 1983 SC 57 observed that "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, even though the period
originally fixed or granted may have expired."
12.That the Plaintiff has made Exhibit 5 application under order XV-A
of the Code of Civil Procedure, statute under this order does not
provide any period for compliance but it is wholly discretion of the
court to specify the period.
13.Hon’ble Karnataka High Court in Smt Hemavathi vs H Venkatesh
held that “Sec. 148 of CPC regulates the power of the Court to
extend the time regarding payment of rent etc. The said provision
could be invoked only if the Court has prescribed certain time and
not by the statute. Sec. 151 of CPC also cannot be invoked as the

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 topic of enlargement of time is specifically covered by Sec. 148 of
CPC”.
14.In AIR 2005 SC 3353 Hon’ble Supreme Court observed that “There
can be many cases where non-grant of extension beyond 30 days
would amount to failure of justice. The object of the Code is not to
promote failure of justice. Section 148 therefore, deserves to be read
down to mean that where sufficient cause exists or events are
beyond the control of a party, the Court would have inherent power
to extend time beyond 30 days.”
15. Considering the above mentioned facts and circumstances it is of
utmost importance to extend further period to comply with the
directions of the court in order below Exhibit 5 in order to save the
prejudice which will be caused and also to secure the ends of justice.
16.Hence it is most humbly prayed that,
A. The application may kindly be allowed.
B. Further extension of four months may please be granted to
deposit the amount of rupees 5,10,000/- (Five Lakhs Ten
Thousand Only).
C. Any other may kindly be passed in the interest of justice.

Pune
Date : Advocate for Defendant