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april 2008

Supreme Court of India · 2008-04-22

Bholi (Dead) By L.Rs vs Lachhman Singh & Ors

Court
Supreme Court of India
Petitioner
Bholi (Dead) By L.Rs
Respondent
Lachhman Singh & Ors
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that once a decree is passed by a civil court, it becomes functus officio, meaning it cannot modify the decree, as established under Section 148 CPC. The Court found that the High Court erred in extending the time for depositing the second instalment of a settlement agreement, which was part of the decree. Consequently, the Supreme Court set aside the High Court's order allowing the second appeal after a delay of 17 years, affirming that the matter was concluded by its previous ruling.

Bholi (Dead) By L.Rs vs Lachhman Singh & Ors · Niyam