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.