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march 1983

Supreme Court of India · 1983-03-02

SMT. PERIYAKKAL & OTHERS vs SMT. DAKSHYANI

Citation / case number
SC 1979/62890
Court
Supreme Court of India
Petitioner
SMT. PERIYAKKAL & OTHERS
Respondent
SMT. DAKSHYANI
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that under Order XXI, Rule 90 of the Code of Civil Procedure (C.P.C.), the High Court erred in dismissing the appellants' application for extension of time to deposit a sum agreed upon in a compromise. The Court clarified that once a compromise is made, the stipulated time becomes the time allowed by the Court, which retains the jurisdiction to extend it in appropriate cases to prevent manifest injustice. The appeal was allowed, and the case was remanded to the High Court for fresh disposal in accordance with the law.

SMT. PERIYAKKAL & OTHERS vs SMT. DAKSHYANI · Niyam