Supreme Court · 2024 INSC 651 · Decided 3 September 2024
Ishwar (Since Deceased) THR. LRS & ORS. v. Bhim Singh & ANR.
- Court
- Supreme Court of India
- Citation
- 2024 INSC 651 · [2024] 9 S.C.R. 1
- Case number
- CIVIL APPEAL No. 10193/2024
- Decided
- 3 September 2024
- Bench
- J.B. PARDIWALA, MANOJ MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 37; Constitution Article 136; Specific Relief Act Section 28
Headnote
Issue arose as to whether the execution court had jurisdiction to deal with the application for rescission of contract and extension of time to deposit the balance sale consideration; and if execution court had the jurisdiction, whether those applications ought to have in the suit on original side, if yes, then, whether, in the facts of the case, on that ground alone, the impugned order warrants interference in exercise of jurisdiction Art 136 of the Constitution. Specific Relief Act, 1963 - s. 28 - Rescission in certain
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