JOGDHAYAN versus BABU RAM AND OTHERS

JOGDHAYAN versus BABU RAM AND OTHERS

Failure to deposit a minor sum (25 paise) due to bona fide mistake, subsequently remedied with Court's permission, does not justify deemed dismissal of suit or barring execution; Court should exercise discretion to enlarge time and condone minor defaults to ensure justice.

Parties
Appellant: Jogdhayan; Respondent 1 (vendee): Babu Ram; Respondent 2 (vendor): Unknown (Vendor, real brother of the Appellant)
Jurisdiction
India
Judgment Date
23 November 1982
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court Judgment in Execution Second Appeal No. 1941 of 1969
Outcome
Appeal allowed
Legal Topics
Pre Emption, Enlargement of Time Under Section 148 CPC, Execution Proceedings, Condonation of Delay
Civil Procedure Property Law Constitutional Law Pre Emption Enlargement of Time Under Section 148 CPC Execution Proceedings Condonation of Delay

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Parties

Jogdhayan

Appellant

Babu Ram

Respondent 1 (vendee)

Unknown (Vendor, real brother of the Appellant)

Respondent 2 (vendor)

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court Judgment in Execution Second Appeal No. 1941 of 1969

Legal Issues

  1. 1 Whether default in depositing the exact decretal amount within the specified time (short 25 paise) results in deemed dismissal of the suit under Order XX Rule 14(1)(b) CPC
  2. 2 Whether the Court could condone the short deposit due to bona fide mistake
  3. 3 Whether the High Court erred in not exercising its powers under Section 148 CPC to enlarge time

Ratio Decidendi

Failure to deposit a minor sum (25 paise) due to bona fide mistake, subsequently remedied with Court's permission, does not justify deemed dismissal of suit or barring execution; Court should exercise discretion to enlarge time and condone minor defaults to ensure justice.

Court Disposition

Appeal allowed

Orders

  • Set aside the orders of the High Court and the first execution appellate Court
  • Restore the order of the original executing Court