Exercise of its powers under Section 148 CPC, as on the said date the trial Court had become functus officio by virtue of its judgment....

6. I am convinced by the ratio laid down in latest case-law of apex Court, reported as Muhammad Wahid and another v. Nasrullah and another (PLJ 2016 SC 25) relevant portion thereof, as under:- 

“Admittedly the appellants had made application for extension of time for deposit of balance sale consideration on 14.10.2008 after lapse of 40-days. Such application, in the given circumstances, could not have been granted by the learned trial Court in exercise of its powers under Section 148 CPC, as on the said date the trial Court had become functus officio by virtue of its judgment/decree dated 31.07.2008. The issue that the trial Court had passed a preliminary decree on the said date which became final on 31.10.2008, has no nexus with the condition incorporated in the decree of the trial Court which had specifically stated that in case of non-deposit of balance sale consideration within the stipulated time, the suit shall stand dismissed. Such a decree could have only been challenged by the appellants in appeal and the Appellate Court was competent to allow an application of the nature if justifiable grounds were found in such an application seeking extension of time for deposit of balance sale consideration. The jurisdiction with the trial Court was available only within the stipulated period of 40 days, and the moment this period of 40 days was over, it ceased to have jurisdiction and had become functus officio, in view of the condition incorporated in the decree.  

Said reiteration of august Supreme Court has binding force in view of Article 189 of Islamic Republic of Pakistan 1973 in view whereof, it is held that the Appellate Court had become functus officio after lapse of time granted to make up deficiency of court fee to consider the application of the petitioner for extension of time in this regard, therefore, the petitioner has no justification to move such application. Resultantly, this petition having no merit stands dismissed. No order as to costs.

Part of Judgment 

IN THE LAHORE HIGH COURT, LAHORE. JUDICIAL DEPARTMENT.

Civil Revision
3790-11

2017 LHC 4831