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PETITIONER: JAI NARAIN RAM LUNDIA
Vs.
RESPONDENT: KEDAR NATH KHETAN AND OTHERS.
DATE OF JUDGMENT: 31/01/1956
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN IMAM, SYED JAFFER AIYAR, N. CHANDRASEKHARA
CITATION: 1956 AIR 359 1956 SCR 62
ACT: Execution-Power of transferee Court-Decree for specific per- formance-Reciprocal conditions indissolubly linked together- Alteration in a material particular, if permissible-Code of Civil Procedure (Act V of 1908), ss. 47, 42, or. 32(1).
HEADNOTE: An executing court cannot go behind a decree so as to vary its terms and when the obligations it imposes on the parties are reciprocal and inseverable, rendering partial execution impossible, the decree must be executed wholly as it stands or not at all. This is particularly true of a decree for specific performance where the party who seeks execution must satisfy the executing court that he is in a position to perform the obligations which the decree imposes on him. That in cases where the identity or substance of what the decree directs a party to give to the other is in dispute, the executing court alone has the power to decide it under s. 47 of the Code of Civil Procedure and under s. 42 of the Code the powers of the court executing a decree on transfer are identical with those of the court which passed the decree. That although the remedy provided by O. XXI, r. 32(1) of the Code of Civ...