Case Note & Summary
The appeal arose from a judgment and decree dated 7th August 2007, passed by the High Court of Judicature for Rajasthan, which affirmed earlier decisions regarding a rent dispute. The appellant, Kamla, had failed to comply with an interim order to pay arrears of rent, leading to the dismissal of the second appeal by the High Court. The Supreme Court granted leave and examined the compliance with the interim order issued on 10th September 2007, which required the appellant to deposit rent at Rs. 600 per month. The appellant's counsel confirmed that the rent and arrears had been deposited, but the Supreme Court found that the correct rate should have been Rs. 1600 per month. Consequently, the court modified the interim order, mandating the appellant to pay rent at the new rate and to deposit all arrears calculated at this rate within three months. The Supreme Court set aside the High Court's judgment, directing it to decide the appeal on merits after formulating substantial questions of law, with a six-month timeline for resolution. The appeal was allowed to the extent of modifying the rent payment conditions, with no order as to costs.
Headnote
A) Civil Procedure - Interim Orders - Compliance with Rent Payment - Code of Civil Procedure, 1908, Section 100 - The court modified the interim order regarding rent payment from Rs. 600 to Rs. 1600 per month, emphasizing the need for compliance to allow the appeal to be decided on merits. The High Court was directed to formulate substantial questions of law and decide the appeal within six months of compliance. Held that non-compliance would result in automatic dismissal of the appeal (Paras 6-8).
Issue of Consideration
Whether the appellant complied with the interim order regarding rent payment and the implications of non-compliance.
Final Decision
The Supreme Court modified the interim order to require the appellant to pay rent at Rs. 1600 per month and set aside the High Court's judgment, directing it to decide the appeal on merits within six months of compliance.
Law Points
- Interim orders
- Rent payment obligations
- Compliance with court orders
- Second appeal procedures
