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1958 Supreme(Cal) 250

K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
BHUTNATH DAS – Appellant
Versus
SAHADEB CHANDRA PANJA – Respondent


Advocates Appeared:
A.P.CHATTERJEE, D.N.TIVARI, Sudhir Kumar Dutta

DAS GUPTA, J.

( 1 ) THIS case raises a question of considerable importance and of some difficulty. The question is whether a trial court after it has ordered specific performance of a contract, on a sum or money being put in within a specified time and also ordered that if the money is not put in within that date, the suit would stand dismissed, has jurisdiction thereafter to extend the time.

( 2 ) THE petitioner Bhutnath Das and others brought a suit for redemption of a mortgage or alternatively for specific performance for an agreement for re-conveyance. On the 23rd August 1957 the trial Judge passed the following order:"ordered that the suit be decreed on contest with costs. Plff's alternative prayers for reconveyance of the property is allowed. Plaintiffs shall deposit the sum of Rs. 14725/- in favour of the defendant within a fortnight from to-day in court. If the deposit is made within the specified time, the defendant shall execute a deed of re-conveyance in respect of the suit properties in favour of the plffs. after the plffs would approve the draft of the deed of re-conveyance. If the defendant fails to execute the deed of re-conveyance within one month from to-day afte









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