R.S.NARULA
Nazar Nazir Singh – Appellant
Versus
Munshi Singh – Respondent
1. Two questions call for decision in this Execution Second Appeal, namely : (I) Whether strictly literal compliance with the order of the Court passed under Order 20, Rule 14 of the Code of Civil Procedure is necessary to entitle a decree-holder to reap the benefits of a pre-emption decree passed in his favour or whether substantial compliance with the requirements of such an order is enough ; and (II) Whether on the facts found by the lower appellate Court in this case, the decree-holder-appellant can or cannot be held to have substantially complied with the order of the first appellate Court, dated October 29, 1965, requiring him to deposit the additional sum of Rs.1,050/-.
2. The brief facts of the case are that on September 30, 1964, a pre-emption decree in favour of the appellant by the trial Court conditional on the appellant depositing in that Court Rupees 2,950/- on or before December 30, 1964, that the requisite deposit was made within time, that in defendants appeal against the decree of the trial Court, the pre-emption money to be deposited by the decree-holder was raised by the order of the first appellate Court, dated October 29, 1965, by an additional sum of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.