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may 1987

Supreme Court of India · 1987-05-08

GANPAT SINGH (DEAD) BY LRS. vs KAILASH SHANKAR & ORS.

Citation / case number
SC 1986/69727
Court
Supreme Court of India
Petitioner
GANPAT SINGH (DEAD) BY LRS.
Respondent
KAILASH SHANKAR & ORS.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court held that Article 134 of the Limitation Act, 1963 applies to applications under Order XXI Rule 95 of the Code of Civil Procedure for delivery of possession by an auction-purchaser. The Court found that the High Court erred in interpreting Section 47 of the Code of Civil Procedure and the Limitation Act, stating that Article 136 does not supersede Article 134 in this context. The judgment of the Single Judge of the High Court and the District Court was set aside, reaffirming the applicability of Article 134 for such applications.

GANPAT SINGH (DEAD) BY LRS. vs KAILASH SHANKAR & ORS. · Niyam