KANIHYA @ KANHI (DEAD) THROUGH LRS. versus SUKHI RAM & ORS.
The Supreme Court held that courts have jurisdiction under Section 148 CPC to extend time for deposit in pre-emption suits where there is a bona fide, minor inadvertent deficiency (facts similar to Johri Singh), and therefore set aside the High Court order, permitted deposit of ₹14 by a specified date and awarded costs to respondents.
- Parties
- Appellant: Kanihya @ Kanhi (Dead) Through LRS.; Respondent: Sukhi Ram & Ors.
- Jurisdiction
- India
- Judgment Date
- 03 May 2024
- Procedural Posture
- Civil Appeal / Civil Appeal Before the Supreme Court (judgment)
- Outcome
- Appeal allowed
- Legal Topics
- Extension of Time, Section 148 CPC, Pre Emption Suit, Deposit of Money, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Kanihya @ Kanhi (Dead) Through LRS.
Appellant
Sukhi Ram & Ors.
Respondent
Procedural Posture
Civil Appeal / Civil Appeal Before the Supreme Court (judgment)
Legal Issues
- 1 Whether the High Court erred in not exercising discretion to extend time for deposit under Section 148 CPC in a pre-emption suit
Ratio Decidendi
The Supreme Court held that courts have jurisdiction under Section 148 CPC to extend time for deposit in pre-emption suits where there is a bona fide, minor inadvertent deficiency (facts similar to Johri Singh), and therefore set aside the High Court order, permitted deposit of ₹14 by a specified date and awarded costs to respondents.
Court Disposition
Appeal allowed
Orders
- Impugned order of the High Court and the order of the court below set aside.
- Appellants permitted to deposit a sum of ₹14/- in the Trial Court on or before 20.05.2024.
Full Case Text
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