declaratory decree is obtained. Section 8 of
the 1920 Act reads thus:
“8. Benefit of declaratory decree.- When any person
obtains a decree declaring that ... decree. But where no extraneous event is to
happen on the fulfillment of which alone the decree can
be executed it is not a conditional
contended that the trial court
could either have granted a conditional decree or the matter
could have been referred to the authorities under the Gujarat ... parties would not be possible. The court,
accordingly, held that a conditional decree for specific
performance subject to exemption being obtained under
section
Board's Approval was
required , in that case also, the conditional decree can be passed
subject to obtaining the permission as required under Section ... more than an agreement to sell, the plaintiff is entitled for
conditional decree in his favour. In support of his above
submissions, he has relied
decree for specific
performance nor does it become functus officio. The
decree for specific performance is in the nature of a
preliminary decree ... decree for specific performance is in the
nature of preliminary decree and the suit is deemed to be pending
even after the decree. Sub- section
decree for specific
performance nor does it become functus officio. The
decree for specific performance is in the nature of a
preliminary decree ... decree for specific performance is in the
nature of preliminary decree and the suit is deemed to be pending
even after the decree. Sub- section
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
stamp duty expenses along with the readiness to have a
conditional decree for specific performance of contract i.e. for
execution of the sale deed
ground of cruelty and desertion. While passing the decree, the
Family Court has directed the respondent to pay a sum of Rs.10 lakhs within ... precedent for granting a decree of divorce In
compliance with the conditional decree dated 27.06.2011, the respondent had also
deposited
