Supreme Court of India · 1971-09-20
SITA RAM GOEL vs SUKHNANDI DAYAL & ANR.
- Citation / case number
- SC 1969/60335
- Court
- Supreme Court of India
- Petitioner
- SITA RAM GOEL
- Respondent
- SUKHNANDI DAYAL & ANR.
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellant's application under Order 21, Rule 2 of the CPC on the grounds of limitation and compliance with Order 21, Rule 1. The Court emphasized that the appellate court had remanded the matter for factual investigation regarding the compromise and payments, and thus the respondent could not raise objections related to limitation or procedural compliance at that stage. The Court ruled that the trial court's findings on the truth of the compromise and payments were valid, leading to the conclusion that the application was indeed within time and warranted adjustment of the decree.