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DINESH MEHTA
Dhai Devi – Appellant
Versus
Bhanwar Lal – Respondent
| Table of Content |
|---|
| 1. application for extension due to communication gap. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondents' opposition to extension of time based on breach. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court analysis of appellants' financial constraints. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. automatic annulment of interim order due to non-compliance. (Para 27 , 28 , 29) |
| 5. rejection of application due to failure to comply with conditions. (Para 32 , 33 , 34) |
| 6. final order on appeal status. (Para 35 , 36) |
JUDGMENT :
DINESH MEHTA, J.
I.A. No. 01/2021:—
1. The present application filed on 07.12.2021, captioned under Section 151 of the Code of Civil Procedure for extension of time for compliance of the order dated 16.05.2019 has come up for consideration of the Court.
2. Mr. Anirudh Purohit, learned counsel for the appellants submitted that appellants have failed to comply with condition No. (ii) of the order dated 16.05.2019 on account of communication gap, inasmuch as the interim order dated 16.05.2019 could not be conveyed to the appellants.
3. He submitted that it was only when the appellants received notice of execution, they realized that they were required to deposit the mesne profi
The court clarified that mesne profits must be paid separately for each suit as decreed, emphasizing the importance of adhering to trial court orders during execution.
Compliance with interim orders is essential; failure to comply may result in loss of stay and further execution proceedings.
Courts may consider economic hardship caused by extraordinary circumstances, such as the COVID-19 pandemic, in modifying orders for payment of mesne profit.
The court has the authority to grant an extension of time for the deposit of a substantial amount, and the genuineness of the party's efforts and the value of the offered security can be considered i....
Court is empowered to extend time for deposit of amount in case there is any error – Parties should not be made to suffer on account of any error in judicial proceedings.
The court upheld the trial court's dismissal of the application for mesne profits, stating that rights and liabilities were yet to be determined, thus no direction to deposit was warranted.
The main legal point established in the judgment is that an ex-parte decree is to be set aside only if grounds therefor are made out and if such setting aside is necessary to enable the defendant to ....
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