Law: Specific Relief Act, 1877

Section: 35

Law: Civil Procedure Code (V of 1908)

Section: OrderXLI,Rule35,OrderXXI,Rule32,XX,35(c)

(a) Civil Procedure Code (V of 1908)--- ----S. 148 & O.XXI, R.32---Specific Relief Act (I of 1877), S.35(c)---Execution ac decree for specific performance of sale agreement---Decree dated 4-11-1997 required plaintiff to deposit uptil 15-12-1997 balance sale amount after deducting therefrom at specified rate amount of some defendants, otherwise suit would stand dismissed---Stay of execution of decree on 24-11-1997 on defendant's application by High Court in his pending appeal---Dismissal of appeal by High Court on 3-3-2004 without attending to time for deposit of amount---Filing of execution petition on 5-4-2004 after obtaining copy of of High Court---Summoning of record of suit by Executing Court for 23-4-2004---Executing Court being on leave on two consecutive dates of hearing it examined record on 1-6-2004 and directed plaintiff to deposit specified amount by 8-6-2004, which was deposited on 7-6-2004---Defendant's application that plaintiff ought to have deposited such amount within time fixed by Trial Court, which time had not been extended by High Court while dismissing appeal, thus, suit stood dismissed---Validity---Trial Court in its had not worked out amount to be deposited by plaintiff---Executing Court on 1-6-2004 for the first time had undertaken such exercise while directing plaintiff to deposit specified amount---High Court stayed execution of decree, but while dismissing appeal stated nothing in or decree regarding time for such deposit---Such deposit itself was a step in execution of decree or for performance of contract contained in decree---Stay of execution of decree on defendant's application by High Court had absolved plaintiff of such obligation till stay remained in force---High Court had not attended to such time while dismissing appeal---Executing Court, after receipt of record of suit, had passed order for deposit of such amount, which was duly complied with---Plaintiff, in circumstances had not committed any default enabling court to adjudge contract as rescinded---High Court set aside impugned order, resultantly execution petition would be deemed pending before Executing Court. Shabbir Ahmed and another v. Zahoor Bibi and others…

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