cited
judgments by plaintiff on the point that a conditional decree may be
passed and on the point that one cannot set benefit ... upon grant of the necessary permissions by the
competent authority, a conditional decree can always be passed by the
Civil Court. However, the learned counsel
defendant-vendor, yet the court below could have passed a
conditional decree directing the defendant-vendor to take the
necessary steps to get the final ... Acharya vehemently submitted that the court below
could have passed a conditional decree. In other words,
according to Mr.Acharya, the court below could have
defendant-vendor, yet the court below could have passed a
conditional decree directing the defendant-vendor to take the
necessary steps to get the final ... Acharya vehemently submitted that the court below
could have passed a conditional decree. In other words,
according to Mr.Acharya, the court below could have
leave to defend has
been granted conditionally and the defendant fails to
fulfill the condition, the decree is almost automatic
because it would be deemed ... stay of the
execution of the decree and not for the purpose of grant of
conditional leave to defend. As the appellant herein failed
decree
is passed based on the compromise, when that decree is
assailed, it is open to the appellant to challenge the decree on
the ground ... This decree, although could be strictly
termed as an ex-parte decree passed on account of failure to
comply with the conditional order of leave
good reason for the
Courts below to take the view that the decree for specific performance
cannot be granted if the plaintiffs are not agriculturists ... Collector in this regard and there can be a conditional decree.
However, so far as the other aspects are concerned, both the Courts
below have
Courts have erred in giving relief against forfeiture
and no conditional decree could have been passed by the learned
Trial Court. In view of clear ... conditions of Section 114. It is
pertinent to point out that without prejudice to the contentions of
the appellant, that no conditional decree could have
laid down by this Hon'ble Court that the conditional decree
is permissible and subject to which the court is competent to pass such ... interpreted by this Hon'ble Court envisages such a
conditional decree in a given case?
4 Whether in the facts and circumstances
page
1503, the definition of the worm 'decree' was considered.
The essential conditions were laid down as under :
"(i) that the adjudication ... subject to the same
conditions as to appeal or otherwise as if it were a
decree."
"103. Where any application has been adjudicated
decree
for specific performance is in the nature of a preliminary decree and
the suit is deemed to be pending even after the decree ... extend the time to pay the amount or perform
the conditions of decree for specific performance despite the
application for rescission of the agreement/decree
