Supreme Court · 1954 INSC 45 · Decided 14 April 1954

Kiran Singh and Others v. Chaman P Aswan and OTHERS.

Court
Supreme Court of India
Citation
1954 INSC 45 · [1955] 1 S.C.R. 117
Case number
CIVIL APPEAL No. 14/1953
Decided
14 April 1954
Bench
VIVIAN BOSE, GHULAM HASAN, T.L. VENKATARAMA AIYYAR (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 21, 99

Headnote

... S.C.R. SUPREME COURT REPORTS 117 circumvent the mandatory provisions of the Code and relieve the purchasers of their obligation to make the deposit. The appellants by misleading the Court want to benefit by the mistake to which they themselves contributed. They cannot be allowed to take ·and VENK~TARAMA AYYAR JJ.] Suits Valuation Act (Vll of 1887), s, 11-Appeal under-valued and presented to a Court of inferior jurisdiction-Whether a decree passed by it on the merits is a nullity-Whether mere change of form or error in a decision on the merits, prejudice tuithin the

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