Supreme Court · 1989 INSC 265 · Decided 4 September 1989
Johri Singh v. Sukh Pal Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 1989 INSC 265 · [1989] SUPP. 1 S.C.R. 17
- Case number
- CIVIL APPEAL No. 1376/1977
- Decided
- 4 September 1989
- Bench
- N.D. OJHA, K.N. SAIKIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 148, 115
Headnote
Code of Civil Procedure, 1898: Section 148 and Order 20 rule 14--Mere filing of appeal does not suspend pre-emption decree-Only a stay order by appellate court can suspend it in the manner ordered therein-Non deposit of full decretal amount due to inadvertent arithmatical mistake whether time can favour. The pre-emption decree specified 31.12.1975 as the day on or before which the purchase money was to b~ paid into Court. But the exact amount to be paid was not specified; it only said Rs.41,082 "less the amount of Zare-Panjum" which the parties admit to be I/5th. Thus only 4/Sth
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