It is no doubt a hard case where the appellants have to lose their property though presumbly at the time when they made the present application in the High Court they were able to produce for the payment to the decreeholder the whole of the balance of the decretal amount. Under such circumstances, if the learned judge who heard their application as well as the appellate court came to the conclusion that the court's jurisdiction under s. We are, therefore, unable to accede to the plea raised before us by Mr.

68F, whichever was earlier. The procrastinated tussle spanning over three decades eventually seeks a quietus at this end. Thereafter they came to this Court for special leave and prayed for ex parte stay, which was refused. 151 cannot be invoked by the appellants, we do not see how we can interfere with the said decision. It would then have been a right of the appellants to claim that the sale should be set aside. The temperature chart in the case, Ex. Exhibit VI is an extract from the report in the Hindu dated October 25, 1957, wherein it is alleged that the Chief Minister' made the following statement: 592 This speech also only states the policy of the Government and has no reference to Krishna District or to the transport services in that district.

The ratio decidendi of a judgment is its reasoning which can be deciphered only upon reading the same in its entirety. It will be remembered that this letter was sent along with a copy of it and on the copy the endorsement " Diabetic coma, Dr. Needless to emphasise that once it is exclusively assailable under Article 227 of the Constitution of India, no intra-court appeal is maintainable The aforesaid authoritative pronouncement makes it clear as day that an order passed by a civil court can only be assailed under Article 227 of the Constitution of India and the parameters of challenge have been clearly laid down by this Court in series of decisions which have been referred to by a three-Judge Bench in Radhey Shyam (supra), which is a binding precedent.

68F of the Act on April 24, 1959. In Padma Sundara Rao v. Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. (See also Haryana Financial Corpn. The appellant, one of the plaintiffs in the suit instituted before Munsif Court (II), Kozhikode along with others against the respondent No. Even so the Division Bench has observed that it could not interfere with the order of the learned judge when in his discretion he refused to make an order as asked for by the appellants.

The appellants committed default and incurred the liability to pay the whole of the decretal amount. I may now deal with the letter of the police dated November 15 to Dr. Notice was however issued on the stay application which was served in June 18,1959. British Railways Board(Sub nom British Railways Board v. A judgment, it is trite, is not to be read as a statute. 151 is not specifically mentioned in the judgment of either of the courts below, but that must be obviously because no specific plea under s.

Renusagar Power Co it was held: (SCC p. Mouskar asking for the cause of the death. 1 herein, seeking eviction of the latter from the land involved and damages for the use and occupation thereof, in his relentless pursuit for redress is before this penultimate institutional forum, having successively failed at all the intermediate tiers. 583 of the Transport Department which resulted in the quashing of the order of the Government approving the scheme and directing it to forbear from taking over any of the routes on which the appellants were engaged in transport business.

Miss Aneeja to be normal. The decree was passed by consent and included a default clause. As the judgment of the Division Bench shows the learned judges themselves have observed that it was difficult not to feel sympathy for the appellants; but, on the other hand, it is clear 205 from the record that the appellants were given enough opportunity to pay the decretal amount. Jagdamba Oil Mills) 141. That petition was however dismissed on June 1, 1959. 129, gives in parallel columns the respiration corresponding to a particular temperature, and the temperature of 99.

It may be mentioned here that in order to avoid inconvenience to the public temporary permits had been granted to the petitioners on the expiry of the renewal upto March 31, 1959, for a period of four months or upto the time the Department was granted permits under s. On April 30, 1959, the petitioners challenged the new scheme before the High Court of Mysore by a writ petition. 5 degrees (Fahrenheit) found by Dr. The ratio decidendi of a case or the principles and reasons on which it is based is distinct from the relief finally granted or the manner adopted for its disposal.

When the agreement of sale executed by the receiver came before the court another opportunity was given to the appellants to pay the decretal amount on the specified conditions. N it is stated: (SCC p. (See Executive Engineer, Dhenkanal Minor Irrigation Division v. 540, paragraph 9) There is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case, said Lord Morris in Herrington v.

The appellants again committed a default. It is only later when it was too late that they rushed to the court with a prayer that they should be allowed to pay the decretal amount themselves and their property should be saved. This must inevitably refer to the discretion under s. 89 had applied and the appellants had satisfied the conditions prescribed by it there would be no discretion in the court to refuse such an application. In General Electric Co.