SAVITRI DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) HEARD Sri Shahid Masud, the learned counsel for the petitioner and Sri H. P. Misra, the learned counsel for the plaintiff-decree holder.

(2.) A suit for specific performance of a contract was decreed by the trial court and the trial court directed the defendant to take the balance amount of Rs. 1,000 from the plaintiff and thereafter execute the sale-deed within two months, failing which the Court would be constrained to execute the sale deed at the cost of the judgment debtor. It transpires that the judgment debtor did not comply with his part of the condition and consequently, the decree was put into execution. Amongst various objections raised by the judgment debtor, one such objection raised was that the condition contained in the decree was not complied by the decree holder and that he had not deposited the amount of Rs. 1,000 within the stipulated period as directed by the trial court. The executing court rejected the objection and permitted the decree holder to deposit the amount before the executing court on payment of cost of Rs. 500. The judgment debtor, being aggrieved by the said order, filed a revision which was also dismissed. Consequently, the writ petition.

(3.) IN view of the aforesaid, this Court does not find any error in the impugned order and is dismissed summarily.