SUSHILA DEVI vs RAMANANDAN PRASAD & ORS.

The Supreme Court held that the order dated February 17, 1958, was a final order, and failure to pay the first instalment within the specified period resulted in the loss of the benefit of that order. The Court ruled that the principle of not prejudicing any party does not apply, as the respondent's remedies were pursued at their own risk. Additionally, the Court found that Section 5 of the Limitation Act, 1963, could not be invoked for the application made on October 15, 1965, as it was not a court application and did not seek an extension of time for payment of instalments but rather a fresh application to pay in a lumpsum, which is not permitted under the Act.