JOHRI SINGH vs SUKH PAL SINGH & ORS.

The Supreme Court held that under Section 148 of the Code of Civil Procedure, 1908, the mere filing of an appeal does not suspend a pre-emption decree unless a stay order is issued by the appellate court. The Court found that the Senior Subordinate Judge had the jurisdiction to extend the time for depositing the deficit amount due to an inadvertent arithmetical mistake, which was shared by the Court officials. The High Court's ruling that dismissed the appellant's suit for non-deposit of the decretal amount was overturned, affirming the principle that a stay order can suspend the operation of a decree.