IMPROVEMENT TRUST, LUDHIANA ETC. versus UJAGAR SINGH & ORS. ETC.

IMPROVEMENT TRUST, LUDHIANA ETC. versus UJAGAR SINGH & ORS. ETC.

Delay in filing the first appeal was not so substantial as to warrant dismissal on technical grounds; appellant's conduct was not callous or negligent, and matter should be decided on merits; impugned orders are set aside and matter remitted to Executing Court to consider objections under Order 21 Rule 90 CPC on...

Source-derived case information.

Parties
Appellant: Improvement Trust, Ludhiana; Respondent: Ujagar Singh & Ors.; Respondent: Jagan Singh & Company
Jurisdiction
India
Judgment Date
09 June 2010
Procedural Posture
Civil Appeal / Appeal From High Court Order and Appellate Court Rejection; Supreme Court Decision on Condonation of Delay and Remit to Executing Court
Outcome
Appeals allowed; impugned orders set aside; matter remitted to Executing Court for decision on merits, subject to payment of costs.
Legal Topics
Condonation of Delay, Order 21 Rule 90 CPC, Auction Sale, Setting Aside Sale
Civil Procedure Limitation Condonation of Delay Order 21 Rule 90 CPC Auction Sale Setting Aside Sale

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Parties

Improvement Trust, Ludhiana

Appellant

Ujagar Singh & Ors.

Respondent

Jagan Singh & Company

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order and Appellate Court Rejection; Supreme Court Decision on Condonation of Delay and Remit to Executing Court

Legal Issues

  1. 1 Whether delay in filing objections and appeal against auction sale under Order 21 Rule 90 CPC should be condoned
  2. 2 Whether the appeal was properly dismissed on grounds of limitation

Ratio Decidendi

Delay in filing the first appeal was not so substantial as to warrant dismissal on technical grounds; appellant's conduct was not callous or negligent, and matter should be decided on merits; impugned orders are set aside and matter remitted to Executing Court to consider objections under Order 21 Rule 90 CPC on merits, conditioned on payment of costs.

Court Disposition

Appeals allowed; impugned orders set aside; matter remitted to Executing Court for decision on merits, subject to payment of costs.

Orders

  • Appellant's appeal allowed subject to payment of Rs.50,000 to respondent No.5 within three weeks.
  • Payment of cost is condition precedent, without which appellant cannot prosecute objections.