Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1971

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.

SITA RAM GOEL vs SUKHNANDI DAYAL & ANR. · Niyam