VidhiSangh

Supreme Court of India · 03/05/2024

KANIHYA @ KANHI (DEAD) THROUGH LRS. versus SUKHI RAM & ORS.

[2024] 5 S.C.R. 885 · 2024 INSC 374

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A pre-emption decree was not defeated by a bona fide Rs.14 calculation shortfall in a timely deposit approved by the court. The court could extend time under Section 148 CPC for such a small inadvertent deficiency; the decree had not quantified the net balance and the claimants had offered to make good any deficit. Deposit was permitted by 20 May 2024, but Rs.1 lakh costs were imposed for the claimants’ error causing decades of litigation.

Issues

  1. Whether time could be extended to cure a minor inadvertent shortfall under a pre-emption decree.
  2. Whether the court-approved deposit and early offer to cure justified relief despite the delay.
  3. What costs were appropriate for the avoidable litigation.

Provisions considered

Held

Result

Appeal allowed; Rs.14 deficit deposit permitted by 20 May 2024. Claimants also directed to deposit Rs.1 lakh costs by that date, withdrawable by respondents.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 885.