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
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
without each other. The fact that
it is a decree for specific performance where the
decree itself cannot be given unless the side seeking
performance ... cases of specific performance. It will apply to
whenever a decree is so conditioned that the right of
one party to seek performance from
petitioner, who has not fulfilled the terms and
conditions, subject to which execution of the decree for
eviction was stayed by a Bench of this ... modification of the terms and conditions of the conditional
order of stay of execution of said judgment and decree dated
21.12.2012 passed by learned Single
parties were directed to
comply with the terms and conditions of the compromise
decree in its letter and spirit from the next Onam vacation
onwards ... respondent is directed to comply with the
conditions stipulated in the compromise decree, subject to
the above modification regarding the place of handing over
custody
with a view to
obstruct or delay the execution of any decree that may be
passed against him. Further it is the duty ... view to defeat the decree being passed in respect of
the plaint claim while passing the order conditionally attaching the
property.
20. If that
Money Suit No.87 of 1996 whereby and
whereunder the compromise decree passed in the Lok Adalat was set
aside under Order 47 Rule ... award. The decree can be reviewed under Order 47 Rule
6
1 CPC provided the same satisfies the pre-conditions enumerated
under Order 47 Rule
deprived of
the fruits of the decree and hence, keeping the said position in
view, reasonable conditions are required to be imposed during
the pendency ... deprived of the fruits of the decree in view of the
interim order, is protected by imposing reasonable conditions
on the appellant to ensure that
limited purpose of
enforcement as a decree. The fiction is not intended
to make it a decree for all purposes under all
statutes, whether State ... definition in the CPC and hold that there are
essential conditions for a "decree":
(a) that the adjudication must be given
supplied by judicial interpretative process.
31. In Section 2 , the expressions 'decree' and 'order' have been
defined in Clauses ... fact, it
fulfills the conditions of the definition under Section 2(2) , it is a
decree and becomes appealable. Orders that are not appealable
