LAWS(DLH)-2011-4-167

MOHINDER KUMAR GUPTA Vs. KULDEEP SINGH

Decided On April 25, 2011
MOHINDER KUMAR GUPTA Appellant
V/S
KULDEEP SINGH Respondents

JUDGEMENT

(1.) BY this review petition the Petitioner who was the Appellant in FAO (OS) 66/2002 seeks review of the judgment dated 19 th February, 2010 delivered by this Court dismissing the appeal filed by the Appellant.

(2.) BRIEF facts relevant to the filing of the present review petition are that the Respondent No. 1 Kuldeep Singh filed a suit for specific performance based on an Agreement to sell dated 29th/30th July, 1980 in respect of property No.9, Sunder Nagar, New Delhi valued at '14 lakhs wherein he paid 10% of the consideration, that is '1.40 lakhs at the time of Agreement to Sell and sought specific performance of the said agreement showing willingness to pay the balance consideration. The suit filed on 17th February, 1982 was decreed on 30th April, 1984 in terms of Order VIII Rule 10 CPC as despite repeated opportunities, the Appellant/Review Petitioner and Defendants in the suit failed to file their written statements.

(3.) THE objection of the learned counsel for the Appellant/petitioner that the Executing Court expanded the scope of original decree and thus created a new decree was also considered in the light of the decision of the Hon'ble Supreme Court in V. Ramaswami Ayyangar and Ors. vs. T.N.V. Kailasa THEvar, AIR 1951 SC 891. It was held that the Executing Court has not created any new decree nor has made any change, substantially or otherwise in the decree as originally framed on 30 April, 1984. All that the Executing Court had done was to enforce the decree already passed in terms of the prayer made by Kuldeep Singh.