SUPREME COURT: EVEN IN A CONSENT DECREE OF SPECIFIC PERFORMANCE THE TIME FOR PAYMENT OF SALE CONSIDERATION CAN BE EXTENDED

Over the decree even after the decree has been passed therefore Section 28 not only permits the judgment debtors to seek rescission of the contract but also permits extension of time by the court to pay the amount as under Section 28.

- PRANSHI AGARWAL

The Supreme Court in the case Kishor Ghanshyamsa Paralikar (D) Balaji Mandir Sansthan Mangrul (Nath) observed that even in a consent decree of specific performance the time for payment of sale consideration can be extended.

The Bench observed while allowing the appeal that the that the Trial Court in its discretion has granted extension of time for depositing the balance of sale consideration assigning cogent reasons and the bench further restored the order of the Trial Court permitting the appellant to deposit the balance amount of Rs.1,47,500.

The Court permits extension of time to pay the amount. As the court which passes the decree for specific performance retains control does not come to an end on the passing of a decree in a suit for specific performance.