that would not ipso facto make the applicants
7
entitled to claim rescission of the agreement, specially
when the decree was already granted for specific ... Section 28
of the Act is quoted herein below :
"28. Rescission in certain circumstances of
contracts for the sale or lease of
immovable property
that contract which need not be performed. By that provision, any
novation, rescission and alteration of a contract can be made only
bilaterally. A deed ... cancellation will amount to rescission of contract
and if the issue in question is viewed from the application of
Section 62 of the Indian Contract
Section 28(1) enables the defendant to file an
application for the rescission of the contract, on the failure of
the plaintiff ... request in that case was one for rescission of the decree
and not for the rescission of the contract. In that case, this
Court found
contract is modified. It is also seen that on the date of rescission of
contract the Respondent had not given possession of 38% site ... Clause 60.2 outlines right of company
(Respondent) after rescission of contract owing to default of
contractor. The clause stipulates that in such event the Respondent
Executing Court, allowing the applications filed by the judgment debtors,
for rescission of contract under Section 28 of the Specific Relief Act, 1963.
THE FACTS ... invoking Section 28 of the Specific Relief Act, 1963, for rescission
of contract. Similarly, E.A.No.233 of 2010 was filed by the legal
appellant projects as foremost point
that when his suit for rescission of the contract was pending, the
plaintiff's suit could not have been ... contract is always a two way process. A rescission in
order that it takes effect must be founded on any of the circumstances
which
contract which need not be performed. By that
38
provision, any novation, rescission and
alteration of a contract can be made only
bilaterally. A deed ... cancellation will
amount to rescission of contract and if the
issue in question is viewed from the
application of Section 62 of the Indian
Contract
decision by the Full Bench are thus:
(a) Whether even after the rescission of Removal of Difficulties Orders under Section 33-E of the Uttar ... provide for the rescission of the Removal of Difficulties Orders made under Section 33 of the Act and is in the following terms
Specific
Relief Act (for short 'the Act') for rescission of the decree. The suit for
specific performance was filed by the plaintiffs ... itself is unique for,
there is no other enactment which renders a rescission of a decree in the suit
itself where the decree was passed
instance of the judgment debtor to
the dismissal of the application for rescission of a decree filed under
Section 28 of the Specific Relief ... court to entertain an application filed by the defendant for
rescission of a decree was competent in the light of law laid down
by this
