Supreme Court of India · 1967-04-19
HUKAMCHAND vs BANSILAL & ORS.
- Citation / case number
- SC 1964/90496
- Court
- Supreme Court of India
- Petitioner
- HUKAMCHAND
- Respondent
- BANSILAL & ORS.
- Bench
- WANCHOO, K.N. (CJ)
Judgment text excerpt
The Supreme Court held that the executing court correctly refused to extend the time for payment of the decretal amount under Order XXI Rule 92 of the Civil Procedure Code, 1908, as the extension granted from October 7, 1958, to November 21, 1958, was based on the consent of the parties. The Court clarified that Section 148 CPC does not apply in this case, and while Order XXXIV Rule 5(1) allows a judgment debtor to pay the amount before confirmation of sale, it does not empower the court to grant further time without party consent. The appeal was dismissed, affirming the lower court's decision to confirm the sale.