Supreme Court of India · 2003-01-15
ACHALDAS DURGAJI OSWAL (D) THRU LRS vs RAMVILAS GANGABISAN HEDA(D) BY LRS.&ORS.
- Citation / case number
- SC 2002/63645
- Court
- Supreme Court of India
- Petitioner
- ACHALDAS DURGAJI OSWAL (D) THRU LRS
- Respondent
- RAMVILAS GANGABISAN HEDA(D) BY LRS.&ORS.
- Bench
- V.N. KHARE CJ & S.B. SINHA & AR. LAKSHMANAN
Judgment text excerpt
The Supreme Court held that there is no period of limitation for filing an application for preparation of a final decree under Order XXXIV, Rule 8 of the Code of Civil Procedure. The Court clarified that the rejection of an application for extension of time does not bar the filing of a subsequent application for final decree, as the preliminary decree remains in effect until a final decree is made. The Court upheld the Bombay High Court's decision to allow the revision application, thereby reversing the lower court's dismissal of the application for final decree.