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Decree for Specific Performance - A Preliminary Decree Practice and Procedure

By R. K. Agarwal

Published In

AIR 2011

A decree for specific performance of a contract determining the rights of the parties relating to specific performance of a contract requires fixing of time limit for payment of the purchase money or other sum. This requirement can be traced to Order 20, R. 12-A of the Code of Civil Procedure, 1908 (the CPC). Order 20, Rule 12-A, C.P.C. reads as under : 12-A. Decree for specific performance of contract for the sale or lease of immovable property.— Where a decree for the specific performance of a contract for the sale or lease of immovable property orders that the purchase money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made.” After a decree for specific performance of a contract has been passed and the purchaser or the lessee is required to pay the purchase money or other sum in terms of the decree, what procedure has to be followed and in which proceedings, is the pivotal question and i ....

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