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NIDHI GUPTA
Kartar Singh – Appellant
Versus
Surinder Singh – Respondent
JUDGMENT
Nidhi Gupta, J.
CM-4999-CII-2010
This is an application under section 151 CPC seeking permission to place on record the document(s) which are necessary for just adjudication of the matter and exemption from filing certified copies of Annexure R7 to Annexure R11.
After going through the contents of the application, the same is allowed subject to all just exceptions.
CM-13310-CII-2016
This is an application under section 151 CPC seeking permission to place on record copies of Daily General (Roznamcha) for the year 1995-96 as well as 2004-05 as Annexure R5 & Annexure R6 respectively.
After going through the contents of the application, the same is allowed subject to all just exceptions and Annexure R5 and Annexure R6 are taken on record.
Main Case
Present Revision Petition has been filed by the Judgment Debtor seeking setting aside of impugned order dated 02.08.2007 (Annexure P1) passed by learned Additional District Judge, Rupnagar, affirming the order of trial Court dated 12.05.2006 (Annexure P2) passed in Civil Suit No.13 dated 14.01.2006 whereby application of petitioner under Order 39 Rules 1 & 2 read with section 151 CPC for grant of temporary injunction restraining defenda
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
Late deposit of balance sale consideration was justified under the circumstances, observing procedural compliance and bona fide actions of the decree holder.
The executing court has the authority to extend time for deposit of balance consideration in specific performance cases, but such discretion must be exercised judiciously, taking into account the rea....
The main legal point established in the judgment is the discretionary nature of relief of specific performance and the application of Section 28 of the Specific Relief Act, 1963 in the context of ext....
Point of Law : Provisions of section 28(1) of the Specific Relief Act, 1963 in light of the provisions of Order XX Rule, 12A of the CPC, and it was held that the provisions of Order XX, Rule 12A mand....
The court retains jurisdiction to extend time for performance of a decree, but such extensions must be justified and considered alongside applications for rescission to ensure fairness.
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