Case Note & Summary
The case involved civil revision petitions filed by the legal representatives of a deceased defendant in a specific performance suit. The original suit, O.S.No.318 of 2000, was decreed ex-parte on 18.07.2001, with a total sale consideration of Rs.1,00,000/-, of which Rs.50,000/- was paid, leaving a balance of Rs.50,000/- to be paid within one month. The defendant passed away, and his legal representatives attempted to set aside the ex-parte decree but were unsuccessful. Subsequently, the respondent filed an application to deposit the remaining amount, which was allowed by the Trial Court on 25.01.2017. The petitioners challenged this order, arguing that the Trial Court did not consider their objections or the statutory provisions under the Specific Relief Act. The High Court noted that while it could exercise its power under Article 227, the petitioners had delayed their challenge and participated in the execution proceedings. Ultimately, the High Court set aside the Trial Court's order, remanding the matter for a fresh decision on the application to deposit the balance amount, while dismissing the petition to strike off the execution petition as meritless. The execution petition was ordered to be kept in abeyance pending the outcome of the remanded application.
Headnote
A) Specific Relief - Ex-parte Decree - Validity of Allowing Deposit of Sale Consideration - Specific Relief Act, 1963, Section 28 - The Trial Court's order permitting the deposit of the balance sale consideration was set aside due to failure to consider statutory provisions and objections raised. The High Court found that the petitioners had a right to seek rescission of the contract due to non-compliance with the deposit condition. Held that the matter should be decided afresh by the Trial Court (Paras 6-8).
Issue of Consideration
Whether the Trial Court erred in allowing the deposit of the balance sale consideration after an ex-parte decree.
Final Decision
The High Court allowed CRP.No.4830 of 2023, set aside the order dated 25.01.2017 in I.A.No.157 of 2008, and remitted the matter to the Trial Court for a fresh decision. CRP.No.4834 of 2023 was dismissed, and the execution petition was kept in abeyance pending the outcome of the remanded application.
Law Points
- Specific performance
- ex-parte decree
- deposit of sale consideration
- Article 227
- rescission of contract
