Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Liinitation Act 1963 - s. 134 - Suit decreed in favour of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation Act, 1963 - s. 134 - Suit decreed in favour of appellant (decree-holder) - In execution of decree, property of the respondent Judgment debtor) sold in court auction - Purchased by judgment-debtor - Sale confirmed on 01.06.2002 - Applications by judgment-debtor seeking setting aside of auction sale and for appointment of Commissioner to value the property - Applications dismissed - Revision filed by judgment debtor, wherein High Court granted stay and the revision ultimately dismissed on 09. 07.2003 - Thereafter application by decree holder/auction purchaser u/Or. XXI r. 95 CFC for delivery of possession of the property - Executing Court ordered delivery of possession - High Court dismissed the application as barred by limitation - On appeal, held: In view of s. 134 of Limitation Act, an application for delivery of possession needs to be filed within a period of one year from the date when sale becomes absolute -In the present case, until the revision petition (which came to be dismissed on 09.07.2003) was disposed of, the sale was yet to become absolute - Therefore. the application u/Or. XXI r. 95 CPC was well within limitation - Code of Civil Procedure, 1908 - O, XXI, 95 |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 45 |
Petitioner | United Fnance Corporation |
Respondent | M.s.m. Haneefa |
SCR | [2017] 1 S.C.R. 583 |
Judgement Date | 2017-01-11 |
Case Number | 4204 |
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