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Report No. 139

2.4. Compliance within time limit mandatory.-

At this stage it needs to be brought in focus that the requirement of Order XXI, rule 92(2), relating to-deposit within 30 days is mandatory as per the pronouncements of the courts [see Vannisami Thevar v. Periayaswami Thevar, AIR 1917 Mad 176, 177 (DB)]. The court cannot extend the time, either under section 148 or section 151, C.P.C. [see Matrani Devi v. Chhathu Prasad, AIR 1072 Pat 55 (U.N. Sinha, C.J.)

Urgent need to amend Order XXI, Rule 92(2) of the Code of Civil Procedure to remove an anomaly which nullifies the Benevolent Intention of the Legislature and Occasions Injustice to Judgment Back

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