SULLEH SINGH & ORS. versus SOHAN LAL & ANR.

SULLEH SINGH & ORS. versus SOHAN LAL & ANR.

The failure of the plaintiffs-respondents to deposit the pre-emption amount within the time fixed by the Trial Court rendered their suit liable to be dismissed as per the mandatory requirement of Order 20 Rule 14 CPC. Extension of time for making the deposit in absence of a stay was impermissible.

Parties
Appellant: Sulleh Singh & Ors.; Respondent: Sohan Lal; Respondent: Nathi
Jurisdiction
India
Judgment Date
02 September 1975
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against Decision of Punjab and Haryana High Court
Outcome
Appeal allowed. Suit of the plaintiffs-respondents dismissed.
Legal Topics
Pre Emption, Order 20 Rule 14 CPC, Failure to Deposit Pre Emption Amount, Extension of Time for Deposit
Civil Procedure Pre Emption Order 20 Rule 14 CPC Failure to Deposit Pre Emption Amount Extension of Time for Deposit

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Parties

Sulleh Singh & Ors.

Appellant

Sohan Lal

Respondent

Nathi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against Decision of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether the suit for pre-emption stands dismissed if the pre-emption price is not deposited within the time fixed by the Trial Court under Order 20 Rule 14 of the Code of Civil Procedure
  2. 2 Whether the lower appellate court and High Court were justified in granting/maintaining extension of time for deposit of pre-emption amount

Ratio Decidendi

The failure of the plaintiffs-respondents to deposit the pre-emption amount within the time fixed by the Trial Court rendered their suit liable to be dismissed as per the mandatory requirement of Order 20 Rule 14 CPC. Extension of time for making the deposit in absence of a stay was impermissible.

Court Disposition

Appeal allowed. Suit of the plaintiffs-respondents dismissed.

Orders

  • Suit of the plaintiffs-respondents is dismissed.
  • Appellants are entitled to costs.