BALBIR SINGH & ANR. ETC. versus BALDEV SINGH (D) THROUGH HIS LRS. & ORS. ETC.

BALBIR SINGH & ANR. ETC. versus BALDEV SINGH (D) THROUGH HIS LRS. & ORS. ETC.

The High Court correctly held that upon allowance of the second appeals the trial court's decree merged into the appellate decree (doctrine of merger) and that the appellate decree is the operative one which the decree-holder may execute; because the High Court in the second appeals did not fix any period for...

Source-derived case information.

Parties
Appellant: Balbir Singh & Anr. Etc.; Respondent: Baldev Singh (D) Through His LRs. & Ors. Etc.
Jurisdiction
India
Judgment Date
17 January 2025
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals dismissed
Legal Topics
Doctrine of Merger, Rescission of Contract, Section 28 of Specific Relief Act, 1963, Specific Performance, Extension of Time for Payment of Money, Section 148 of Code of Civil Procedure, 1908, Conditional Decree, Execution of Decree
Specific Relief Act, 1963 Specific Relief Act, 1877 Limitation Act, 1963 Code of Civil Procedure, 1908 Doctrine of Merger Rescission of Contract Section 28 of Specific Relief Act, 1963 Specific Performance +4 more

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Parties

Balbir Singh & Anr. Etc.

Appellant

Baldev Singh (D) Through His LRs. & Ors. Etc.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Effect of merger of the trial court's decree with the decree passed by the High Court in second appeals
  2. 2 Whether the defendants/judgment debtors could seek rescission under Section 28 of the Specific Relief Act, 1963 on the ground that the plaintiffs/decree-holders failed to deposit the balance sale consideration within the 20-day period in the original decree

Ratio Decidendi

The High Court correctly held that upon allowance of the second appeals the trial court's decree merged into the appellate decree (doctrine of merger) and that the appellate decree is the operative one which the decree-holder may execute; because the High Court in the second appeals did not fix any period for deposit of the balance sale consideration, the 20-day direction in the original trial decree did not revive or apply after the High Court judgment, and the executing court was entitled to permit deposit and reject the defendants' application under Section 28; moreover courts have discretion under Section 28 (and power under CPC s.148) to grant further time and such extension does not...

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Judgment and order of the High Court dated 23.09.2022 affirmed