SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1969 Supreme(P&H) 168

R.S.NARULA
Nazar Nazir Singh – Appellant
Versus
Munshi Singh – Respondent


Judgment

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















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top