Supreme Court · 2002 INSC 16 · Decided 10 January 2002

Kedarnath v. Mohan Lal Kesawari and ORS.

Court
Supreme Court of India
Citation
2002 INSC 16 · [2002] 1 S.C.R. 144
Case number
CIVIL APPEAL No. 5109/1999
Decided
10 January 2002
Bench
R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

v. MOHAN LAL KESAWARI AND ORS. JANURARY 10, 2002 [R.C. LAHOTI AND BRIJESH KUMAR, JJ.) Code of Civil Procedure, 1908/Provincial Small Cause Courts Act, 1887-0rder 9 Rule 13/Section 17(/)/Proviso-Ex-parte decree by Court of C Small Causes for deposit of arrears of rent and eviction-Application filed subsequently and after delay-­ Maintainability of the main application-Held, the law is mandatory and not directory for deposit of decretal amount or filing a previous application- D Hence, application for setting aside decree not maintainable on account of failure to comply with

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