Law:

Section:

(a) Specific Relief Act (I of 1877)----- -----S. 12-----Civil Procedure Code (V of 1908), O. XXIII, R. 3----- Specific performance of contract-----Declaratory decree in a suit for specific performance of agreement to sell-----Scope-----Compromise decree, setting aside of----- Application for setting aside decree was allowed by the Trial Court-----Contention of appellant was that compromise decree could not be granted on the basis of agreement to sell----- Validity-----Agreement to sell was not a title document rather it was an instrument for obtaining a title document-----Decree in a suit for specific performance of contract could be issued directing the defendant to execute sale deed in favour of plaintiff or court might direct for registration of sale deed through any of its officials-----Compromise decree between the parties was not issued on the basis of suit for specific performance of contract rather decree was passed on the basis of compromise-----Such decree was lawful provided it fulfilled the requirements of O. XXIII, R. 3, C. P. C-----Compromise between the parties might be of whole suit or a part thereof and might even include the matter that did not relate to the suit-----Suit was validly decreed on the basis of compromise-----Non-impleadment of a party did not constitute the element of fraud-----Element of misrepresentation was not attracted in the present case-----Application for setting aside of decree was not competent in circumstances-----Impugned passed by the Trial Court was set aside-----Compromise decree was maintained-----Appeal was allowed in circumstances. (b) Specific Relief Act (I of 1877)----- -----Ss. 42 & 12-----Declaratory decree in a suit for specific performance of contract-----Scope-----Declaratory decree in a suit for specific performance of contract could not be issued. 2006 SCR 183; 2006 SCR 92; PLD 2006 SC (AJ&K) 19 = 2006 CLC 1872; 2001 CLC 1502 and 2012 MLD 1440 rel. (c) Civil Procedure Code (V of 1908)----- -----O. XXIII, R. 3-----Compromise of suit-----Scope-----Compromise between the parties might be of whole suit or a part thereof and might even include the matter that did not relate to the suit. AIR 1932 Bom.…

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