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Dec 24, 2011

Dadi Jagannadham Vs Jammulu Ramulu and Ors AIR 2001 SC 2699

Hon'ble Supreme Court of India observed on period of limitation for application for deposit of money as "The settled principles of interpretation are that the Court must proceed on the assumption that the legislature did not make a mistake and that it did what it intended to do. The Court must, as far as possible, adopt a construction which will carry out the obvious intention of the legislature. Undoubtedly if there is a defect or an omission in the words used by the legislature, the Court would not go to its aid to correct or make up the deficiency. The Court could not add words to a statute or read words into it which are not there, especially when the literal reading produces an intelligible result. The Court cannot aid the legislature's defective phrasing of an Act, or add and mend, and, by construction, make up deficiencies which are there.----an application can be made within 60 days and, as stated above, no period for making a deposit is prescribed under Order 21, Rule 92(2) the deposit can also be made within 60 days."

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