Case Note & Summary
The dispute arose from Summary Suit No.1721 of 2001, where the respondent sought a decree against the appellants for failing to deposit Rupees thirty lakhs as ordered by the court. The appellants' appeal against the dismissal of their request for restoration of the earlier appeal and permission to deposit the amount was also dismissed by the Division Bench of the High Court. During the proceedings, the parties reached an agreement that the appellants would deposit Rupees seventy-two lakhs with the Prothonotary and Senior Master of the Bombay High Court within four weeks, which would lead to the setting aside of the decree. The court accepted this agreement and allowed the appeals, setting aside the decree, while also stipulating that failure to deposit the amount would result in the dismissal of the appeals. The judgment was delivered on December 17, 2008.
Headnote
A) Civil Procedure - Summary Suit - Decree Setting Aside - Code of Civil Procedure, 1908, Order XXXVII - The court allowed the appeal and set aside the decree in Summary Suit No.1721 of 2001 based on the parties' agreement to deposit a specified amount within a stipulated time. The court emphasized that failure to comply with the deposit condition would result in the order being recalled and the appeals being dismissed (Paras Not mentioned).
Issue of Consideration
Whether the decree passed in Summary Suit No.1721 of 2001 should be set aside based on the agreed deposit by the appellants.
Final Decision
The Supreme Court allowed the appeals, set aside the decree in Summary Suit No.1721 of 2001, and granted leave to the defendants to contest the suit, contingent upon the deposit of Rupees seventy-two lakhs within four weeks.
Law Points
- Civil procedure
- summary suit
- decree setting aside
- deposit conditions
