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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13698 /2024 [@ SLP [C] NO.10986/2024]
RAJBANSH SAH Appellant(s)
VERSUS
SUNIL KUMAR AGRAWAL Respondent(s)
O R D E R
Leave granted.
The appellant was the defendant in the suit.
He suffered a decree for specific performance.
After the disposal of the Second Appeal on
28.10.2016, an application was filed by the appellant
on 10.02.2018 invoking Section 28 of the Specific
Relief Act, 1963 inter alia contending that the
direction issued in the decree to pay the remaining
amount within a period of two months has been
violated and thus, the contract should be rescinded.
A month thereafter, on 13.03.2018, the
respondent filed an application under Section 148 of
the Code of Civil Procedure, 1908, seeking extension
of time.
The Trial Court without considering the earlier
application filed by the appellant, took up the
subsequent application filed by the respondent and
granted extension. Consequently, the application
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field by the appellant was dismissed. Aggrieved, the
appellant filed a revision before the High Court
which also confirmed the orders passed by the Trial
Court.
The contention of the learned counsel appearing
for the appellant that at least both the applications
should have been taken up and decided on merits,
deserves consideration...