exercised where the act in question is stipulated in a
conditional decree has not impressed us. We see no reason
to draw a distinction depending ... prayer for
extension is in regard to a conditional order or a
conditional decree. The heart of the matter is that where
the Court
suit of the plaintiff/respondents stands dismissed in view
of the conditional decree passed by the learned trial court, in which it was
specially ordered ... file the suit?"
The trial court had undoubtedly passed a conditional decree.
Relevant portion of the lower court judgment is as under
aware of the decree dated
01.11.2004 which was a conditional decree subject to deposit of
Rs.49,000/- which was paid to Om Parkash-defendant
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."
13. The facts of Sardar Mohar Singh 's case (supra) were
shall be deemed to be dismissed."
Ex facie, the decree dated 27.11.2006 was
conditional in nature and since the petitioner failed to deposit ... Section 148 of Code of Civil Procedure vis-à-vis the
conditional decree, concluded as thus:
"4. I have heard the learned counsel
amount within six months from that date together
with interest and other conditions mentioned therein. An application for
extension of time for payment of balance ... nature of decree
passed in the said case. That was a conditional decree holding that a sum
of ` 50,500/- was to be paid within
prejudice is going to be caused to the
petitioner. The conditional decree can always be passed.
[7]. It is settled principle of law that
They
were bound by the terms and conditions of the compromise on the basis of
which decree of divorce was passed. According to the respondent ... having performed second marriage violated the terms and
conditions of divorce decree and thus held entitled the husband for the
custody of the minor child
possession as owner of
the property in dispute by pre emption decree or adverse
possession ? OPD
3. Whether the suit is beyond limitation ... possession on the
basis of pre-emption decree was wholly unsustainable as the decree
was conditional subject to payment of ` 3,000/- and in case
memo in the OP for consent decree for
divorce. It was submitted that the above terms and conditions
were accepted before elders and relatives ... petition, in the order that was passed as also in the
decree-sheet it is mentioned; "Petition filed under Section
