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november 1982

Supreme Court of India · 1982-11-23

JOGDHAYAN vs BABU RAM AND OTHERS

Citation / case number
SC 1972/60474
Court
Supreme Court of India
Petitioner
JOGDHAYAN
Respondent
BABU RAM AND OTHERS
Author
BAHARUL ISLAM
Bench
BAHARUL ISLAM

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the appeal without considering its powers under Section 148 of the Code of Civil Procedure, which allows for the enlargement of time to secure justice. The Court clarified that under Order XX Rule 14 C.P.C., a decree holder must deposit the purchase money and costs by the date fixed, but found that the appellant's failure to deposit a nominal amount was due to a bona fide mistake. The Court allowed the appeal, emphasizing the need to prioritize justice over technicalities.

JOGDHAYAN vs BABU RAM AND OTHERS · Niyam