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1 - 8 of 8 (0.33 seconds)Section 35 in The Specific Relief Act, 1963 [Entire Act]
Section 148 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Abdul Shaker Sahib vs Abdul Rahiman Sahib And Anr. on 1 November, 1922
In connection with the findings made above, reference may be made to the decision of the High Court of Madras in the case of Abdul Shaker v. Abdul Rahiman. AIR 1923 Mad 284. Now. this case has been a leading authority and has been followed in several subsequent decisions bv different High Courts. In this case, the Court came Jo consider the true nature of a decree passed in a suit for specific performance. In that connection, the learned Chief Justice referred to the forms of judgments in such suits and in that connection referred-to the treatise of Seton on judgments and in the result held that that the decree for specific performance was in its nature a preliminary decree, the original Court keeping control over the action and having full power to make any just and necessary orders, therein, including in appropriate cases the extension of time. In arriving at the above finding Mr. Justice Wallace particularly referred to the scheme of Section 35 which I have already referred- to above.
Kurpal Hemraj vs Shamrao Raghunath Raote on 22 December, 1922
15. This section came to be discussed in the case of Kurpal v. Shamrao, 25 Bom LR 234 = (AIR 1923 Bom 211). It is not necessary to refer to the observations made by this Court in the judgment in that report.
The Specific Relief Act, 1963
Mareddi Venkata Rami Reddy vs Mareddi Adinarayana Reddy And Ors. on 23 October, 1959
In that connection, he relied upon the observations of the High Court of Andhra Pradesh in the case of Venkata Rami Reddy v. Adhinarayana Reddy. . He, however, held against the decree-holder on the question of his being unwell and held that the executing Court was wrong in granting the application for condonation of delay. He accordingly allowed the appeal and set aside the orders passed by the executing - Court and dismissed the Darkhast.
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