Supreme Court · 2000 INSC 86 · Decided 17 February 2000

Monotosh Kumar Mitra (Dead) BY LRS. v. Amrendranath Shaw (Dead) and ORS.

Court
Supreme Court of India
Citation
2000 INSC 86 · [2000] 1 S.C.R. 1023
Case number
CIVIL APPEAL No. 1441/1981
Decided
17 February 2000
Bench
S. SAGHIR AHMAD, Y.K. SABHARWAL (2-judge bench)
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 137

Headnote

Be11gal Money Lenders' Act, 196()-Section 34(1) and (2}-Preliminary decree passed subject to the provisions of the AcH.!11der the decree, decreetal amount was to be paid in four instalmellts-Def au/ts in payment of all the four instalments-Notice to defendant for all the four def au/ts committed waived or con­ doned-Held, notwithstanding the dates of all the four instalments having been fixed u11der the preliminary decree, right accrued to the plaintiff to apply A B c for final decree on def a ult committed by the defendants in payment of the amount of the first

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