Supreme Court · 2000 INSC 237 · Decided 24 April 2000
Sri Veera Hanuman Rice and Flour Mill and ANR. v. State Bank of India, Ramachandrapuram, A.P.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 237 · [2000] 3 S.C.R. 231
- Case number
- CIVIL APPEAL No. 2896/2000
- Decided
- 24 April 2000
- Bench
- S. SAGHIR AHMAD, DORAISWAMY RAJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Limitation Act Section 5
Headnote
B y Limitation Act, 1963 : S. 5-Preliminary decree in suit for sale-Default by judgment-debtor- Decree-holder ought to have filed application under Order 34 Rule 5 CPC for c passing final decree on or before 31.12.1991 but filed the same on 27. 7.1994 alongwith an application under s. 5 of the raised by judgment-debtor that delay of ' 714 days was not properly explained, as necessary proof of the claim of Legal Advisor as also of Advocate that they were not well during the relevant period was wanting and during that period the Advocate was regularly appearing in D the
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