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august 2001

Supreme Court of India · 2001-08-23

Dadi Jagannadham vs Jammulu Ramulu & Ors

Citation / case number
AIR 2001 SUPREME COURT 2699
Court
Supreme Court of India
Petitioner
Dadi Jagannadham
Respondent
Jammulu Ramulu & Ors
Author
S. N. Variava
Bench
Chief Justice, K.T. Thomas, R.C. Lahoti, N. Santosh Hegde, S.N. Variava

Judgment text excerpt

The Supreme Court held that the period of limitation for making a deposit in an application to set aside a sale of immovable property under Order XXI Rule 89 of the Code of Civil Procedure is 60 days from the date of sale, as prescribed under Article 127 of the Limitation Act, rather than the 30 days specified in Order XXI Rule 92(2). The Court emphasized the need to harmonize the two provisions and endorsed the view that the extended period of limitation should benefit the judgment-debtor. The Court upheld the decision of the Andhra Pradesh High Court, allowing the application to set aside the sale.

Dadi Jagannadham vs Jammulu Ramulu & Ors · Niyam