erroneous and even if permissions under these Sections were not obtained, conditional decree for specific performance of contract could have been granted. He further contended ... answering the second question referred, the Full Bench held that a conditional decree for specific performance subject to exemption being obtained
order on 20-7-1987 directing the stay of execution of decree conditionally on Union Government depositing the enhanced amount of compensation in the court
decree-holder has rendered the decree ineffective and unexecutable. The default wipes out the decree in favour of the decree-holder. During the course ... mistake in calculation. The Court permitted the decree-holder to deposit the amount despite the decree being conditional while holding as under :-
"Coming
order on 20-7-1987 directing the stay of execution of decree conditionally on Union Government depositing the enhanced amount of compensation in the court
forbids among others, the passing by a Court of a decree against a debtor of a deceased person for payment of his debt ... real heir or the successor of the deceased. A conditional decree directing the production of a certificate before the execution of the decree has even
ground that the decree for specific performance was a conditional decree and by virtue of that decree the decree-holder was supposed to deposit ... decree. In the present case it is clear that the decree-holder filed the execution within three months from the passing of the decree. Moreover
basis of decree dated 31.3.1943. So much so they have also deposited a sum of Rs. 2,000/- in pursuance of that decree and there ... that the decree dated 31.3.1943 is a nullity because it was conditional decree and since the petitioners have not deposited the amount
decree, it cannot be said that the decree is not enforceable till it is prepared. This is so because an enforceable decree in one form ... decree. But where ao extraneous event is to happen on the fulfilllment of which alone the decree can be executed it is not a conditional
Court has the discretion to extend time for compliance of the conditional decree as mentioned in the decree for specific performance. Although the respondent ... exercised discretion and extended the time to comply with the conditional decree. Accordingly, there is no valid and justifiable reason to interfere with the order
Court to go behind the decree and to question its validity. Nor can the executing Court say that the decree should have been passed ... manner. If, therefore, a decree is clear and unconditional the executing Court cannot on any basis make the decree conditional or hold that
