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IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashikanta Mishra
Bipin Bihari Biswal – Appellant
Versus
Prafulla Kumar Das – Respondent
| Table of Content |
|---|
| 1. court observations on the applicability of law. (Para 8 , 9 , 10 , 11) |
| 2. final ruling on the case's merit. (Para 12) |
| 3. conclusion of the court. (Para 13) |
JUDGMENT :
Sashikanta Mishra, J.
The Petitioner was the defendant in C.S. No.1691/2010 of the Court of Civil Judge (Sr. Division), Bhubaneswar and the judgment-debtor as per decree passed therein. In the present application he seeks to challenge the order dtd.9.2.2023 passed by the Court below in Execution Case No.3427/2022 filed by him.
2. The facts, relevant for deciding the present case, are that the present Opp.Party as plaintiff filed the aforementioned suit for specific performance of contract. Said suit was based on the claim that the defendant had executed an agreement to sell the suit land in favour of the plaintiff on 12.12.2004 upon receiving Rs.90,000/- as advance consideration. However, the defendant refused to execute the sale deed as promised by him despite several requests by the plaintiff and service of advocate’s notice on him. On the contrary, the defendant filed Crl. Misc. Case No.731/2010 before the Court of A.D.C.P, Bhubaneswar, denying his liability in respect of the agreement. The plaintiff a
Execution proceedings cannot be initiated by a judgment debtor against themselves under the CPC.
The finality of a decree after the decision by the higher courts and the executability of the decree based on the deposit of the remaining sale consideration.
Objection to execution of decree – Even if Executing Court cannot go behind decree, it does not mean that it has no duty to find out true effect of that decree.
The court affirmed that a decree holder's rights must be enforced despite repeated technical objections from judgment debtors, underscoring the importance of expeditious justice in civil matters.
(1) Recession of contract – Moving of application under Section 28 of S.R. Act for rescinding contract for non-compliance of condition is not mandatory rather optional and immaterial – Court is not p....
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....
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