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august 2001

Supreme Court of India · 2001-08-23

DADI JAGANNADHAM vs JAMMULU RAMULU

Citation / case number
SC 1990/71077
Court
Supreme Court of India
Petitioner
DADI JAGANNADHAM
Respondent
JAMMULU RAMULU
Author
,K.T. THOMAS,R.C. LAHOTI,N. SANTOSH HEGDE,S.N. VARIAVA
Bench
CJI,K.T. THOMAS,R.C. LAHOTI,N. SANTOSH HEGDE,S.N. VARIAVA

Judgment text excerpt

The Supreme Court ruled 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 by Article 127 of the Limitation Act, rather than the 30 days stated in Order XXI Rule 92(2). The Court emphasized the need to harmonize the two provisions, aligning with the interpretation of the Andhra Pradesh High Court and previous judgments. The appeal was allowed, setting aside the earlier dismissal of the application by the executing Court.

DADI JAGANNADHAM vs JAMMULU RAMULU · Niyam