Supreme Court of India · 2000-03-15
KHARAITI LAL vs RAMINDER KAUR
- Citation / case number
- SC 1998/16963
- Court
- Supreme Court of India
- Petitioner
- KHARAITI LAL
- Respondent
- RAMINDER KAUR
- Bench
- S. SAGHIR AHMAD & D.P. WADHWA
Judgment text excerpt
The Supreme Court held that deposits made under Order 34 Rule 5 of the Code of Civil Procedure (C.P.C.) during the pendency of appeals against an auction-sale confirmation are valid, as the sale is not considered confirmed until the appeal is resolved. The Court found that the Division Bench of the High Court erred in ruling that the appellant's deposits could not be treated as valid due to the prior confirmation of the auction-sale. Consequently, the Court set aside the High Court's judgment and reinstated the Single Judge's decision, allowing the appellant's appeal.