Therefore, a suit for specific performance does not come to an end on the passing of a decree and the court which has passed the decree for specific performance retains control over the decree even after the decree has been passed. Section 28 not only permits the judgment debtors to seek rescission of the contract but also permits extension of time by the court to pay the amount. The Honble High Court of Gujarat has appointed Shri Sudhir Mehta. The power under this section is discretionary and the court has to pass an order as the justice of the case may require. rights, with or without the consent of the landlord as may be required by law. It is also settled that time for payment of sale consideration may be extended even in a consent decree.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |