final decree for partition was to be prepared on the decree-holder furnishing stamp paper and it was held that as the decree holder ... execution of a decree is the date when the decree becomes enforceable. It was held that enforceability of a decree is a different concept from
that in such a case the agreement is enforceable and a conditional decree can be passed. Paragraph 11 of the decision of the Full Bench ... situation where that decree may become inoperative. The decree for specific performance may be made conditional on the exemption under Section
time of deposit being made by the plaintiff in terms of the decree. Relying on the said decision, it was urged that Section ... pressed into service in extending time in respect of the conditional decree. The revisional Court dismissed the revision holding that the judgment in the case
decree, it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.
Section 16 refers ... other party, be so declared by a decree of nullity if so contravenes any of the conditions specified in Clauses
fraud, misrepresentation or coercion. Having agreed to the compromise decree and enjoyed its conditions till 31.3.1984, it was not open to the tenant to take ... Arulanandam , (supra) dealt with a situation where the decree holder failed to execute the decree either in full or in part within the limitation provided
defence and had approached the Court for setting aside the ex-parte decree, admittedly, within the statutory period. Even if the appellant was found ... been compensated by costs and the ex-parte decree set aside on such other terms and conditions as were deemed proper by the trial court
decree.-Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder ... decree to the Court which passed it and the decree may be executed in the same manner and subject to the same conditions
sale consideration to Ram Nath. It was submitted that at least decree for refund of the said amount should be passed to adjudge the equities ... sale and to recover possession of the property. A decree was passed conditionally on their refunding portion of purchase money, which was proved to have
Land Reforms Act. Therefore, the condition of reconveyance is void. No decree for specific performance could have passed by the court below.
(2) The deed ... thereto must vary with the decree of formality attending upon the transaction. The definition of a mortgage by conditional sale postulates the creation
default of any of the conditions, it will be open to the landlord to get the decree executed.
9. In view of the aforesaid observations
