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january 2003

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.

ACHALDAS DURGAJI OSWAL (D) THRU LRS vs RAMVILAS GANGABISAN HEDA(D) BY LRS.&ORS. · Niyam