Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bengal Money Lenders' Act 1960: Section 34(1) and (2} |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bengal Money Lenders' Act, 1960-Section 34(1) and (2)-Preliminary decree passed subject to the provisions of the Act-Under the decree, decreetal amount was to be paid in four instalments-Defaults in payment of all the four instalments-Notice to defendant for all the four defaults committed by the defendants and it was not stated that any default was waived or condoned-Held, notwithstanding the dates of all the four instalments having been fixed under the preliminary decree, right accrued to the plaintiff to apply for final decree on default committed by the defendants in payment of the amount of the first instalment-Plaintiff cannot extend the period of limitation by delaying service of notice on default under Section 34-Further, it was not required to go into the question whether in law plaintiff could at all waive or condone the default for the purposes of Limitation Act-Limitation Act, 1963, Residuary Article 137. Code of Civil Procedure, 1908-Order 34 Rules 2 and 4-Application for final decree-Time limit to apply for-Held, Plaintiff entitled to apply for final decree directing sale of the mortgaged property as stipulated by Rule 4 if defendant failed to pay the mortgaged amount within 6 months stipulated in the preliminary decree. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2000 INSC 86 |
Petitioner | Monotosh Kumar Mitra (dead) By Lrs. |
Respondent | Amrendranath Shaw (dead) And Ors. |
SCR | [2000] 1 S.C.R. 1023 |
Judgement Date | 2000-02-17 |
Case Number | 1441 |
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