YESHODA AND ANR. versus K. NAGARAJAN

YESHODA AND ANR. versus K. NAGARAJAN

The Court correctly exercised its discretion in extending the time for deposit since the amount came to be deposited within three months from the date of dismissal of the application under Section 28; Section 148 CPC empowers the court to enlarge the time.

Parties
Petitioner: Yeshoda and Anr.; Respondent: K. Nagarajan
Jurisdiction
India
Judgment Date
25 September 1996
Procedural Posture
Special Leave Petition (civil) / Order on Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Specific Performance, Extension of Time, Rescission of Decree
Civil Law Specific Performance Extension of Time Rescission of Decree

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Parties

Yeshoda and Anr.

Petitioner

K. Nagarajan

Respondent

Procedural Posture

Special Leave Petition (civil) / Order on Special Leave Petition

Legal Issues

  1. 1 Whether the court has power to enlarge time to comply with a decree for specific performance?
  2. 2 Whether rescission of decree was correct for alleged delay in deposit of amount?

Ratio Decidendi

The Court correctly exercised its discretion in extending the time for deposit since the amount came to be deposited within three months from the date of dismissal of the application under Section 28; Section 148 CPC empowers the court to enlarge the time.

Court Disposition

Petition dismissed

Orders

  • The Special Leave Petition is dismissed.