K.C.DAS GUPTA, DEBABRATA MOOKHERJEE
BHUTNATH DAS – Appellant
Versus
SAHADEB CHANDRA PANJA – Respondent
( 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.