court has the discretion to extend time for compliance of the conditional decree as mentioned in the decree for specific performance. It is true that ... exercised discretion and extended the time to comply with the conditional decree. Accordingly, we do not find any valid and justifiable reason to interfere with
passing of decree and Court while passing decree retains control over decree even after passing of decree and the decree for specific performance is described ... decree for specific performance in the nature of preliminary decree and the suit is deemed to be pending even after a grant of such decree
disposing of the proceeding before it.
(The only exception being a conditional decree). In fact, where the Court
determines a time frame for doing
condition precedent for obtaining a decree of specific performance, the plaintiff should comply with all the mandatory conditions as incorporated in the sale agreement. When ... such mandatory conditions when it has to decide as to whether the purchaser should be given equitable relief of specific performance. The conditions regarding payment
special statute. According to the plaintiff, Clause 3.7 of the general conditions of the loan agreements, dated 23.10.1998 and 12.11.1999 respectively was opposed to public ... above pleadings, the plaintiff is seeking decree
(a) to declare Section 3 .7 of the general conditions of the loan agreements, dated
decree holder to enjoy the fruits of the decree.
19. Order 21 Rule 99 would read thus:-
"99. Dispossession by decree-holder or purchaser ... same force and be subject to the same conditions as if it was a decree.
22. It is evident from Rule 99 of Order
decision,
namely, the decree dated 13.10.2003 would only be an ex parte decree and not a
decree on merits, we have no other go except ... Rule 2 as a decree on merit or an ex-parte decree, it is
essential to satisfy the above two conditions viz., whether
page 89. Under the definition of "Decree" in Section 2(2), three important conditions are necessary: (i) that the adjudication must ... Court. To put it precisely both a decree and an order are formal expressions, but a decree will conclusively determine the rights of parties
doubt that the respondent's claim for a share in the decree amount is on the basis that she has also succeeded ... down as follows:
"The law makers have put two conditions for a joint decree-holder to exercise his right to execute the decree that
disability, on account of alleged illness, we propose to modify the decree of the appellate court to the extent 'that he will have four ... required rent regularly in advance. The decree for eviction will become executable on breach of the conditions laid down, or, after August