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february 1961

Supreme Court of India · 1961-02-07

MAHANTH RAM DAS vs GANGA DAS.

Citation / case number
SC 1957/60169
Court
Supreme Court of India
Petitioner
MAHANTH RAM DAS
Respondent
GANGA DAS.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court ruled that under Section 148 and Section 149 of the Code of Civil Procedure, 1908, the High Court has the authority to extend the time for payment of court fees even after the original deadline has expired. The Court held that procedural orders, while peremptory, do not prevent the court from considering events that occur within the time fixed, and thus the High Court should have exercised its inherent powers under Section 151 to grant an extension in the interests of justice. The appeal was allowed, and the dismissal of the appellant's application was set aside.

MAHANTH RAM DAS vs GANGA DAS. · Niyam