How to create a Petition U/S 148 of CPC for enlargement of time for depositing the remaining sale consideration? What are the ingredients for enlargement of time to deposit balance consideration amount in a suit for specific performance of an agreement. The draft/sample is given here, please do necessary changes as per facts of the case.

 

Petition U/S 148

Purpose and persistence of petition: To seek some extra time to deposit the balance consideration amount in a suit for specific performance of agreement.

Forum: Trial court

Title/Parties: Same as per the main suit.

PETITION  U/S 148 CPC FOR ENLARGEMENT OF TIME FOR DEPOSITING THE REMAINING CONSIDERATION AMOUNT

Respectfully Sheweth:-

That the petitioner is plaintiff in above title suit, which is pending adjudication before this Hon’ble court, which is fixed for today

That on 23.10.2018, the status quo was granted in favour of the petitioner /plaintiff by this Hon’ble court, which is still in field. On the last date of hearing this Hon’ble court issued direction to the petitioner to deposit the remaining consideration amount of Rs.63,00,00/-That the petitioner  has already paid Rs.20,00,000/- while the amount of 63,00,000/- is still outstanding against the petitioner  and the petitioner intends to pay the same.

That now the petitioner is facing some financial constrained and due to these financial crises, the petitioner is unable to deposit the remaining consideration amount, therefore, the petitioner seeks some suitable time to pay the remaining consideration amount. That this Hon’ble court has ample power to allow this petition by enhancing the time for depositing the remaining consideration amount. 

Prayer:

In view of the above circumstances, it is, most respectfully prayed that the instant petition may kindly be accepted and the petitioner /plaintiff may graciously be allowed suitable time for depositing the remaining consideration amount, in the interest of justice.

Petitioner              Through                 Counsel

Note: To attach an affidavit in support of contents of the petition.


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