Shah Jitendra Nanilal v. Patel Lallubhai Ishverbhai . Held that a conditional decree for specific performance subject to exemption being obtained under Section ... second question referred to us we hold that a conditional decree for specific performance subject to exemption being obtained under Section 20 of the Urban
shall be deemed to
authorise the Court which passed a decree to execute such decree against
any person or property outside the local limits ... often enough to
be inexpedient. Such procedural orders, though
peremptory (conditional decree apart), are, in
essence, in terrorem, so that dilatory litigants
might put themselves
documentary evidence adduced in the case, the Trial Court passed a
conditional decree in favour of the plaintiff in the following terms:-
i)The defendant
shall be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits ... often enough to be inexpedient. Such procedural orders, though peremptory (conditional decree apart), are, in essence, in
terrorem, so that dilatory litigants might put themselves
argument raised by learned counsel for the appellant is that ho conditional decree could be passed by the trial Court. The grant of maintenance should ... counsel for the appellant that trial Court could not pass a conditional decree and such decree is only executable under the provisions of Section
Apex Court held that the respondents therein were entitled for the decree of specific performance of contract. The allegation that the appellant had an imperfect ... Tenancy Act and the Land Revenue Code in which cases a conditional decree is passed by the Courts. Even in the present case, a conditional
makes it obligatory for the Court to pass a decree when its conditions are satisfied as was pointed out by one of us (Bhagwati ... right under Sec. 12(3)(a) to get a decree for eviction. But where the conditions of Sec. 12(3)(a) are not satisfied, there
decree sufficient to satisfy such decree and has property within the local limits of jurisdiction of such other court, or
(C) if the decree directs ... passing the decree is empowered to execute its own decree and only if the courts deems fit and necessary that the decree must be transmitted
possession of the suit premises to the landlord, subject to the following conditions:-
(i) The appellant files an undertaking within one month from today ... years ago).
16. On failure of any of the above conditions, the decree will be executable forthwith
Court passed order conditionally, but the petitioner failed to comply the same. The petition is dismissed without costs.
5. Obviously the conditional order was passed ... filed by the petitioner seeking to set aside the ex parte decree. The conditional order directed the defendant to deposit costs within 8 days from
