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MADAN GOPAL VYAS
Subhash Chandra – Appellant
Versus
Arun Kumar – Respondent
JUDGMENT :
Madan Gopal Vyas, J.
S.B. Civil Revision Petition No. 90/2017
The present Civil Revision Petition under section 115 of the CPC has been preferred by the petitioner-judgment debtor against the order dated 01.04.2017 passed by the learned Additional District Judge No. 1, Hanumangarh (hereinafter referred to as the learned Appellate Court) in Civil Misc. Appeal No. 24/2016, whereby the learned Appellate Court rejected the appeal. The order dated 31.08.2016 passed by the learned Additional Senior Civil Judge, Hanumangarh (hereinafter referred to as the learned Executing/trial Court), whereby the learned Executing Court rejected the application filed by the petitioner under section 28 of the Specific Relief Act in Civil Misc. Case No. 06/2011.
2. Brief facts of the case are that the plaintiff-decree holder preferred a suit seeking decree of specific performance of agreement to sale dated 25.02.1988. The learned trial Court vide judgment and decree dated 07.08.1998 decreed the suit in the following manner:-
^^vkns'k gS fd oknh v:.k dqekj iq= cyjke f[kysjh tkfr tkV fuoklh Qrsgxढ+ rglhy guqekuxढ+ dk ;g okn fo:} izfroknh lqHkk"k pUnz ckcr fofufnZ"V ikyuk foØ; vuqca/k fnukad 25-2-88 H
Applications for rescission of contracts must be made in the same suit where the decree was issued, not in execution proceedings.
Applications for rescission of specific performance decrees must be filed in the original suit, not in execution proceedings, as per Section 28 of the Specific Relief Act.
The executing court retains jurisdiction to extend time for compliance with a decree for specific performance, even amidst an application for rescission, particularly when the judgment debtor's inact....
A party seeking specific performance must have clean hands; failure to disclose subsequent agreements does not negate execution of prior decrees, provided timelines for compliance are met.
Section 28 of the Specific Relief Act provides the vendor with a statutory right to apply for rescission of the contract if the purchaser fails to pay the amount within the period allowed by the cour....
The obligation under a decree for specific performance primarily lies with the judgment-debtor to execute the deed, while the decree-holder's readiness must be established, affirming the non-applicab....
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