Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 12 & 35 (c)---Civil Procedure Code (V of 1908), S. 148---Decree in suit for specific performance---Preliminary in nature---Sale consideration, deposit of---Extension in time for deposit of sale consideration without notice to the opposite party---Scope---Modification of decree by the court issuing such decree---Competence---Scope---Enlarging time for deposit of remaining amount of sale consideration---Sufficient cause---Natural justice, principles of---Applicability---Judicial order---Presumption of correctness---Order without reasons---Effect---Defendants made statements that if remaining consideration amount was paid by the plaintiff in accordance with terms of agreement, they would have no objection in decreeing the suit---Suit was decreed subject to payment of remaining sale consideration within a period of thirty days failing which the suit would be deemed to have been dismissed---Plaintiff moved application for extension of time for the deposit of remaining sale consideration which was allowed without issuing notice to the defendants---Contention of defendants was that Trial Court had become functus officio after passing the order and decree---Validity---Once court passed a decree it became functus officio and could not modify the decree---Only higher court could either set aside the decree or modify the same---Since Court after passing a decree had become functus officio, it had no power under S.148, C.P.C. to extend the time for depositing the sale consideration by modifying the terms of decree---Exception to said rule was a decree passed by a Court in a suit for specific performance of agreement---Court in such a suit would neither lose its jurisdiction after grant of a decree for specific performance nor became functus officio---Court retained its power and jurisdiction to deal with the decree of specific performance till the sale deed was executed in execution of decree---Court in such matter had power to enlarge the time to pay an amount or perform the conditions mentioned in the decree for specific performance---Decree passed in a suit for specific performance of contract would be treated as a…

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