Kanihya @ Kanhi(D) vs Sukhi Ram 2024 INSC 374 – Civil Suit For Pre-Emption

Summary: Suit for pre-emption – Plaintiff was required to deposit a sum of ₹ 9,214/- minus 1/5th of the pre-emption amount already deposited, on or before 10.10.1988, failing which the suit shall stand dismissed- Plaintiff deposited amount – Later defendant filed an application seeking dismissal of the suit on account of non-compliance of the direction to deposit full amount within the time granted by the Trial Court. While the aforesaid application was pending, the plaintiff filed an application on 05.03.1991 seeking permission of the court to deposit deficit amount of ₹ 14/-He also filed application seeking condonation of delay in filing the application seeking permission to make good the deficiency in deposit of the amount – Application dismissed -Revision Petition filed against this order by Plaintiff was dismissed by High Court -Allowing appeal, SC permitted appellants to deposit a sum of ₹ 14/- to the court below on or before 20.05.2024 – Appellants directed to pay a cost of ₹ 1,00,000/- to the respondents.

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