JOHRI SINGH versus SUKH PAL SINGH & ORS.

JOHRI SINGH versus SUKH PAL SINGH & ORS.

In cases where a small fraction of the purchase money is not deposited due to bona fide inadvertent mistake, the court has discretion under Section 148 CPC to extend the time if satisfied with the explanation. In this case, the Senior Subordinate Judge exercised this discretion properly. The High Court lacked grounds under Section 115 CPC to interfere, as jurisdiction to extend existed and no breach or material procedural error was shown.

Parties
Appellant: Johri Singh; Respondents: Sukh Pal Singh & Ors.
Jurisdiction
India
Judgment Date
04 September 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment in Revision
Outcome
Appeal allowed
Legal Topics
Pre Emption, Extension of Time, Deposit of Purchase Money, Condonation of Delay, Appeals and Revision
Civil Procedure Pre Emption Extension of Time Deposit of Purchase Money Condonation of Delay Appeals and Revision

Case Brief

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Parties

Johri Singh

Appellant

Sukh Pal Singh & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment in Revision

Legal Issues

  1. 1 Whether the court can extend time for deposit of deficit purchase money in a pre-emption decree due to inadvertent mistake under Section 148 CPC
  2. 2 Whether the High Court was justified in interfering with the order of the Senior Subordinate Judge in revision under Section 115 CPC

Ratio Decidendi

In cases where a small fraction of the purchase money is not deposited due to bona fide inadvertent mistake, the court has discretion under Section 148 CPC to extend the time if satisfied with the explanation. In this case, the Senior Subordinate Judge exercised this discretion properly. The High Court lacked grounds under Section 115 CPC to interfere, as jurisdiction to extend existed and no breach or material procedural error was shown.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court is set aside and that of Senior Subordinate Judge is restored.
  • Appellant granted 10 days (or 30 days from present date, as per judgment) to deposit the balance Rs.100 if not already deposited.