GANESH PRASAD Vs. SMT. SARASWATI DEVI AND OTHERS

JUDGEMENT

(1.) GANESH Prasad has filed this revision against the order dated 17th July, 1971, passed by the IInd Additional District Judge, Varanasi, dismissing his application Under Section 28 of the Specific Relief Act.

(2.) A suit wan filed for specific performance of a contract to recover the property. The suit was ultimately allowed in appeal. The appellate judgment dated 6th January, 1971 states:

(3.) LEARNED Counsel for the Applicant contended that as Section 4 of the Limitation Act applied only to the cases off suits, appeals and applications and the period prescribed therein referred to the period prescribed by law and not fixed by a decree, the court below was in error in taking resort to Section 4 of the Limitation Act. I need not, however, go into the question of the applicability of Section 4 of the Act in view of the decision of the Supreme Court in the case of C.F. Angadi v. Y.S. Hirannayya : AIR 1972 SC 239. In that case their Lordships of the Supreme Court laid down that in a decree, similar to the decree before us, deposit made on the next practicable day was sufficient compliance of the decree. The words of the Supreme Court are: