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Notes on the Provisions of Section 148 of the Code of Civil Procedure, 1908

By Sri S. M. Deka

Published In

AIR 2011

Introduction During the year 2010 two judgments of the Supreme Court dealing with the provisions of Section 148 of the Code of Civil Procedure, 1908 (CPC hereinafter) had been reported in the All India Reporter. They are Monohar Singh v. D. S. Sharma, AIR 2010 SC 508 dated 13-11-2009 and D. V. Paul v. Manisha Lalwani, AIR 2010 SC 3356 dated 18-8-2010. The first judgment relates not so much to Section 148 CPC as to Section 35-B thereof. The judgment simply lays down that the provisions of Section 35-B, CPC “will not come in the way of the Court in its discretion extending the time for such payment, in exercise of its general power to extend time under Section 148 of CPC.” The second judgment which shall be referred hereinafter as D. V. Paul, however raises a few points of complexity. Indeed, it is D. V. Paul which has prompted these notes on the provisions of Section 148, CPC. The Legislative History The firs ....

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