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1985 Supreme(P&H) 77

J.V.GUPTA
Resham Singh – Appellant
Versus
Manmohan Singh Kent – Respondent


Judgement Key Points

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Judgment

1. This order will dispose of Civil Revision No. 3271 of 1982 and 154 of 1983, as both the petitions have been filed against the same order of the Additional Senior Sub Judge, Hoshiarpur, dt. 27th Aug, 1982.

2. In a suit for specific performance of agreement to sell, a conditional decree was passed on 29th Oct, 1981 in favour of the plaintiff-petitioners. According to the decree, a sum of Rs. 50,500.00 was to be paid within one month, failing which the plaintiffs suit was to stand dismissed. Admittedly, no appeal was filed by either party against the said decree of the trial Court which had become final between the parties. Admittedly, the plaintiffs did not deposit the amount of the decree within the time allowed. They sought execution of the decree by filing an application dt. 15th Mar, 1982. This application was contested on behalf of the judgment-debtors on the ground that the amount had not been deposited within time and, therefore, the plaintiffs suit stood dismissed, and the question of execution as such did not arise. Then the decree-holders filed an application dt. 7th April, 1982 under Ss.148 and 151, C.P.C., for extending time for depositing the sale price and co












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