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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Karnail Singh – Appellant
Versus
Randhir Singh – Respondent
| Table of Content |
|---|
| 1. details of the revision petition and prior court orders. (Para 1 , 2 , 3) |
| 2. arguments presented by both counsel regarding the merits and procedural issues. (Para 4 , 5) |
| 3. court's observations on executing orders and the directive under article 227. (Para 6 , 7) |
| 4. legal reasoning and the judgment's conclusion on execution restoration. (Para 8) |
JUDGMENT :
Vikram Aggarwal, J.
The instant revision petition, preferred under Article 227 of the Constitution of India , assails order dated 30.09.2022 (Annexure P-1), passed by the Court of Addl. District Judge, Kaithal, vide which order dated 08.07.2019 (Annexure P-6) passed by the Court of Addl. Civil Judge (Sr. Divn.), Kaithal was set aside, thereby dismissing the application under Section 28 of the Specific Relief Act, 1963 (for short the '1963 Act') and the application/objection dated 13.12.2018 for dismissal of the execution petition filed by the petitioner-defendant (judgment debtor) and restoring the execution petition.
2. Shorn of unnecessary details, the facts emerging from the revision petition, are that a suit for possession by way of specific performance of agreement to sell dated 04.02.2008 was instituted by the
The court emphasized the need for adherence to justice over technical procedural barriers, especially in execution petitions under the Specific Relief Act.
Rescission of contract – Application seeking rescission of contract or extension of time, under Section 28 (1) of Specific Relief Act, 1963 must be decided as application in original suit wherein dec....
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....
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.
The court emphasized that a petitioner must act with diligence and clean hands when invoking Article 227, especially when challenging an ex-parte decree after an unreasonable delay.
(1) Rescission of contract – While granting relief of extension, it was open for Court to balance equities by putting decree holder to such terms as may adequately compensate judgment debtor for dela....
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