condition of the payment of the entire
amount of the decree, the conditions to be imposed
should be reasonable and should not be oppressive ... invalidity including invalidity of the reference."
While setting aside a decree, conditions can be imposed but such
conditions should not be unreasonable or harshly
Bench: S.B. Sinha
JUDGMENT
S.B. Sinha, J.
Whether a conditional decree based on purported admission can be passed under Chapter XIIIA ... specifically stated as to whether leave to defendant had been granted either conditionally or unconditionally as regard a part of the plaintiffs claim. However, keeping
made out.
We are, therefore, inclined to stay execution of the
decree pending appeal."
Appellant is, thus, before us.
3. Mr. Shiv Sagar Tiwari ... passing the impugned judgment.
5. The decree passed by the learned trial judge is a money decree. A
conditional leave to defend was granted
Rule 8(1) to pass a final decree for redemption,
other than the preliminary decree for redemption of ususfructuary mortgage,
starts running and continues ... begins to run until deposit is made
though there is a conditional preliminary decree and default was committed
by the mortgagor for compliance thereof
judgment and decree passed by the trial court,
therefore, has not been accepted. The court has not
granted a decree for specific performance ... possibly put under suspension a legislative
mandate. Since no conditions are attached to the decree
and the same has been passed declaring the shares
realisations of other creditors lying in
the Tribunal. None of these conditions is satisfied by
Canara Bank. Thus, Canara Bank does not belong ... There being no decree in its favour from any court
or from any Tribunal, and the other conditions of Section
73 not having been satisfied
challenge to the decree was not
pursued and the decree attained finality. They cannot get over
the effect of that decree by merely putting forward ... Even
then, the decree therein could operate as res-judicata as
between them if the conditions therefor are satisfied. The
conditions as laid down
Indisputably, an appeal was preferred against the decree and not
against the order dated 3.3.2004 granting conditional leave in favour of the
respondent. Indisputably again ... entitled to judgment forthwith."
12. Where a conditional leave is granted and the conditions therefor are
not complied with, a judgment in favour
expiry of the period
of six months from the date of decree, the
full payment of Rs.Ten Lakhs each could
not be made ... view that all the
necessary conditions of the complaint are adjusted in the
compromise petition hence accordingly the decree be
awarded.
I accordingly, order that
Rule 7 of the Code
of Civil Procedure , the court can impose conditions in regard to payment of
costs, but while exercising its power under ... order of
conditional admission.
6. It is a different matter, in case the appellant
prays for stay of the execution of the decree
