Supreme Court · 2009 INSC 1092 · Decided 28 August 2009
Bhupinder Kumar v. Angrej Singh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1092 · [2009] 13 S.C.R. 978
- Case number
- CIVIL APPEAL No. 5846/2009
- Decided
- 28 August 2009
- Bench
- P. SATHASIVAM, DEEPAK VERMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Limitation Act; Specific Relief Act Section 28
Headnote
}... Specific Relief Act, 1963: s.28- Failure of <jecree hol<;J(3r -I to perform the conditions mentioned in the deqr~e of specific c performance - Power of court to ext~n<t tim~ in his favour to perform the conditions or order rf)sci~sion Qf agreement - Held: s.28 gives power to the the conditions of decree for specific performance or order rescission of the agreement - In . ~ ~ I D deciding application under s.28(1) Court has to see all attending circumstances including conduct of the parties - On ~ facts, there was neither any material to show that decree ;,.. . holder
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