....”This decree was apparently framed in the light of the provisions of Section 28 of the Act and Order 20 Rule 14 CPC Section 28 which provides for concurrent h...appellants. Attention of the High Court apparently does not seem to have been drawn to the provisions either of Section 28 of the Act or of Order 20 Rule 14 CPC or of para 3 of Chapter I-M(c) at p. 52 of.... This argument ignores that the scheme of Section 28 of the Act read with Order 20 Rule 14 CPC does not postulate decrees of pre-emption in favour of rival pre-emptors on payment of different amounts of...

...appellate court was justified in holding that the amount directed to be deposited was not deposited as it fell short by 25 paise. Order 20 Rule 14 CPC provides:“Decree...costs.* * *”12. Under Order 20 Rule 14 CPC, the plaintiff decree-holder, in order to get delivery of...under Order 20, Rule 14(1)(b) of the Code of Civil Procedure on the ground, inter alia, that the appellant was directed to make the payment of the sum of Rs 1836.25 within April 15, 1967, but the...

...money as required under Order 20 Rule 14 CPC. The appeal preferred by the appellants before the first appellate court and the second appeal before the High Court were dismissed and the decree of the...continuation of the suit, the amending Act having no retrospective operation does not affect the decree of the first instance court. It was also urged that in view of provisions of Order 20 Rule 14 CPC the...becomes effective as soon as a decree is passed in his favour. Order 20 sub-rule (1) of Rule 14 CPC provides that where a court decrees a claim to pre-empt in respect of a particular sale of prope...

...amount by Rs 100 owing to inadvertent arithmetical mistake, the court could extend the time to deposit that deficit amount exercising powers under Section 148 CPC in view of the provision in Order 20 Rule ...if so, whether the High Court erred in interfering with that order in revision under Section 115 CPC.7. Order 20 Rule 14(1) provides...court and, therefore, the suit was liable to be dismissed under Order 20 Rule 14 of the CPC and the High Court allowed the appeal against Nathi and dismissed the appeal against Sohan Lal holding that...

...the time fixed was the result of mandatory provision in terms of Order 20 Rule 14 CPC and was not by reason of any decision of the Court. Apparently, word ‘decree’ has...appeared in the context of Order 20 Rule 14 CPC. It is the decree against whom the appeal is to be preferred and alteration, if any, is to be made by the appellate Court in the...with the directions in the decree. If the decree was not drawn in accordance with the provisions of Order 20 Rule 14 CPC and it did not contain the direction to the effect...

...Naguba Appa v. Namdev, AIR 1954 SC 50 to contend that provisions of Order 20 Rule 14, CPC are mandatory in nature ...Order 20 Rule 14, CPC, are mandatory and the pre-emptor is bound to comply with the directions of the trial Court and on failure to do so even the Appellate Court is bound to di...provisions of the CPC. The pre-emption decrees are regulated by the provisions of Order 20 Rule 14, CPC which reads as under:—“Decree in pre-emption suit...

...." 5. Accepting submission of Mr Bhattacharya this court observes that effect of such decree shall have to be construed within the meaning of Order 20 Rule ...also invited attention to the provisions laid down under section 148 and Order 20 Rule 14 of the Code of Civil Procedure, 1908. 1.... 2. The case is taken up for hearing and disposal on merits at the instance of Mr Bhattacharya. Perused the materials on record and the impugned order dated January 29, 2016 passed by learned Civil...

...the plaintiff-respondent withdrawn his appeal and there was no modification or alteration of the decree of the trial Court especially in view of the provisions of Order 20 Rule 14 CPC? ii) Whether the...before the lower appellate Court. Otherwise also, in view of specific provisions i.e. Order 20 Rule 14 CPC, time cannot be extended. It is a mandatory provision. Once the rights...struck down as unconstitutional the right of pre-emption based on the Rule of Consanguinity holding it to be a relic of the feudal past. Appeal is a continuation of suit. Learned counsel further contended...

...especially in view of the provisions of Order 20 Rule 14 CPC? ii) Whether the Lower Appellate Court could affirm a decree for Kumar Virender 2014.01.09 10:47 I attest to the...provisions i.e. Order 20 Rule 14 CPC, time cannot be extended. It is a mandatory provision. Once the rights of Surender Kumar in the other suit have been decided and his suit has..., AIR 1986 SC 859 has struck down as unconstitutional the right of pre-emption based on the Rule of Consanguinity holding it to be a relic of the feudal past. Appeal is a continuation of suit. Learned...

...Class, Amer in Civil Suit No. 277/1977 whereby the suit of the plaintiff for pre-emption was decreed but has been held to be dismissed under Order 20 Rule 14 CPC.B...is lost in view of the provisions of Order 20 Rule 14 CPC and under the provisions of Pre-emption Act, the appellants cannot claim that they have...could not be extended by the court passing decree under section 148 or 151 CPC in view of the provisions contained under Order 20 Rule 14 CPC and in view of the provisio...

...court of first instance deposited the purchase money as required under Order 20 Rule 14 CPC.16. The appeal preferred by the appellants before the first appellate court and...P. Sathasivam, J.— This appeal is directed against the final judgment and order dated 7-3-2002 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No. 136 of...has been deleted from the array of parties by this Court's order dated 8-8-2003, filed a suit for possession by way of pre-emption being Civil Suit No. 107/92/93 against Respondents 1-4 herein (the...

...gone through the record.Order 20 Rule 5 clearly states that the court has to return finding on each issue. Even Order 14 Rule 2 CPC sta...court to entertain the suit. It is the averments made in the plaint. Contention of the applicant for treating the issue as preliminary issue is against the spirit of law as referred in Order 20 Rule 5 and Order ...issue is against the spirit of law as referred in Order 20 Rule 5 and Order 14 Rule 2 CPC. These observations of the courts below are correct and in pursuance of the provisions of the Act...

...decided on 28-3-1991. When the matter was set at rest in that manner, on 2-7-1997 petitioner filed application under Section 47, read with Order 20, Rule 14, CPC, inter alia...and the claim of the pre-emptor should have been dismissed in view of the provision under Order 20 Rule 14, CPC.In the cases of Dr. Ram Kumar (supra...the consideration amount.11. Sub-Rule (1) of rule 14 in Order 20, CPC reads as hereunder:—“(1) Where the Court decrees a claim to pre-emption in respect of a partic...

...elucidate the argument further reliance is placed on order 20 Rule 14 CPC according to which there is to be a direction in the decree for deposit of money in a pre-emption...jurisdictional- value of a suit relating to pre-emption in respect of the agricultural land throughout the litigation remains the same and that direction under O 20 R. 14 of CPC relating to the...decree for pre-emption is passed under Order 20, the court has to give a direction for paying the money. But it is to be noticed that the decree is essentially drawn on the basis of pre-­emption and is...

...plaintiff pre-emptor will be substituted in place of the name of purchaser as provided in Order 20 Rule 14 CPC. Therefore, the judgment and decree dated 06.09.2000 is also...respondents/decree holders, Moti Lal S/o Sh. Devi Lal Kalal, and others, aggrieved by the impugned order dated 02.04.2013 passed by learned Executing Court of Addl. District Judge No. 3, Udaipur, rejecting...order, the petitioners/objectors have filed the present revision petition before this Court on 22.05.2013, in which a coordinate bench of this Court passed an interim order exparte on 19.07.2013 staying...

...) filed CM No. 2861 of 2008 in RSA No. 1469 of 1993 under Order 20 Rule 14 CPC read with Section 151 CPC seeking directing to the executing court to get pre-emption mone...-emption Act, 1913 (for short, ''Pre-emption Act'') was declared ultra-vires. Consequently, respondent-plaintiff moved an application under Order 6 Rule 17 CPC...Article 227 of the Constitution of India, against order dated May 06, 2016 passed by the Additional Civil Judge (Senior Division), Assand, vide which, liberty...

...covered by the proposition of law laid down by this court in Chandan Mal's case (supra). He has further submitted that in view of the order 20 Rule 14, CPC it is clear that...provisions of Order 20 Rule) 4 CPC. I am of the opinion that when by application of Section 11 of the Rajasthan General Clauses Act, 1955 an act can be...the 2nd to deposit the amount in court and the learned counsel submitted that under order 21 Rule 1, CPC. the respondents could have paid the amount to the appellant on...

...pressed. The provisions of Order 20 Rule 14 CPC have been held to be mandatory in 16 of 17 nature and any default in...under the provisions contained in Order 20 Rule 14 of the Civil Procedure Code. This Court in Naguba Appa's case (supra) said that "mere filing of an appeal does not suspend..., this Court said that a decree in terms of Order 20 Rule 14, imposes obligations on both sides and they are so conditioned that performance by one is conditional on...

...under Order 20 rule 14 CPC. The appeal preferred by the appellants before the first appellate court and the second appeal before the High Court were dismissed and the decree of the trial court was...provisions of Order 20 rule 14 CPC the title to the property had already been passed on to the claimant on deposit of purchase money and, therefore, the amending Act does not affect ...the suit but it becomes effective as soon as a decree is passed in his favour. Order 20 sub-rule (1) of Rule 14 CPC provides that where a court decrees a claim to pre-empt in respect of a particul...

...”Shri Sarjit Singh, learned senior counsel appearing on behalf of the appellants has submitted that as per Order 20 Rule 14 of CPC, the title in the suit property...assistance.In order to appreciate the controversy between the parties, it would be relevant to refer to Order 20 Rule 14 of CPC, which reads as under...-emption, the entire sale consideration was deposited within the stipulated time, but the possession was not taken. Order 20 Rule 14 clearly provides that the title of pre...