DADI JAGANNADHAM versus JAMMULU RAMULU AND ORS.

DADI JAGANNADHAM versus JAMMULU RAMULU AND ORS.

An application under Order XXI Rule 89 CPC can be made within 60 days as prescribed under Article 127 of the Limitation Act, 1963; since Order XXI Rule 92(2) does not prescribe a distinct period for deposit, the deposit can also be made within 60 days. The earlier contrary view in P.K. Unni's case is overruled.

Parties
Appellant: Dadi Jagannadham; Respondents: Jammulu Ramulu and Ors.
Jurisdiction
India
Judgment Date
23 August 2001
Procedural Posture
Civil Appeal / Final Judgment After Referral to Five Judge Bench
Outcome
Appeal dismissed
Legal Topics
Setting Aside Court Sale, Limitation Period for Deposit, Interpretation of Statutes
Civil Procedure Limitation Setting Aside Court Sale Limitation Period for Deposit Interpretation of Statutes

Case Brief

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Parties

Dadi Jagannadham

Appellant

Jammulu Ramulu and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment After Referral to Five Judge Bench

Legal Issues

  1. 1 Whether the period of limitation for making deposit under Order XXI Rule 89 CPC is 30 days or 60 days from the date of sale
  2. 2 Interpretation of Order XXI Rule 92(2) CPC and Article 127 of Limitation Act

Ratio Decidendi

An application under Order XXI Rule 89 CPC can be made within 60 days as prescribed under Article 127 of the Limitation Act, 1963; since Order XXI Rule 92(2) does not prescribe a distinct period for deposit, the deposit can also be made within 60 days. The earlier contrary view in P.K. Unni's case is overruled.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Impugned order upheld