Supreme Court of India · 2008-04-22
BHOLI(DEAD)BY L.RS. vs LACHHMAN SINGH .
- Citation / case number
- SC 2003/19894
- Court
- Supreme Court of India
- Petitioner
- BHOLI(DEAD)BY L.RS.
- Respondent
- LACHHMAN SINGH .
- Bench
- H.K. SEMA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court held that the High Court erred in condoning a 17-year delay in filing a second appeal, as the terms of the compromise had become a decree, rendering the trial court functus officio to modify it under Section 148 CPC. The Court emphasized that once a decree is passed, it cannot be altered by the same court, and thus the High Court's extension of time for deposit was impermissible. Consequently, the Court set aside the High Court's order allowing the second appeal.