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.