Supreme Court of India · 1965-04-26
PANDURANG DHONI CHOUGULE vs MARUTI HARI JADHAV
- Citation / case number
- SC 1963/240
- Court
- Supreme Court of India
- Petitioner
- PANDURANG DHONI CHOUGULE
- Respondent
- MARUTI HARI JADHAV
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,MUDHOLKARR.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,MUDHOLKAR, J.R.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that under Section 115 of the Code of Civil Procedure, 1908, the High Court cannot correct errors of fact or law unless they pertain to the jurisdiction of the subordinate court. The Court found that the High Court exceeded its jurisdiction by reversing the District Court's conclusion regarding the extinguishment of the equity of redemption in a mortgage case. The Court upheld the District Court's decision, affirming that the respondents' right to redeem was extinguished due to their failure to pay the specified amount within the time limit set by the decree.