Execution of Decree-- Specific Performance -- Execution petition not maintainable where decree-holder has not deposited balance sale consideration as directed
(i) Civil Procedure Code, 1908, O.21 R.35 -- Specific Performance -- Deposit of Balance Sale Consideration as Condition Precedent -- Where a decree for specific performance expressly directs the plaintiff to deposit the balance sale consideration within a specified period, this direction is a condition precedent to enforceability of the decree, not a mere formality. The decree-holder must perform his part, or obtain extension of time from the court, before he can insist on performance by the judgment-debtor. A decree for specific performance operates on mutual and reciprocal obligations. An execution petition filed without such compliance is not maintainable. (ii) Civil Procedure Code, 1908, S.151 -- Specific Performance -- Prolonged Inaction After Decree Attains Finality -- An application seeking permission to deposit balance sale consideration is liable to be rejected where the petitioner neither deposited the amount within the stipulated period nor sought extension of time within a reasonable period after the decree attained finality. Silence of several years without any cogent explanation amounts to unjustified prolonged inaction. (iii) Civil Procedure Code, 1908, S.148 -- Specific Performance -- Discretion to Extend Time Under S.148 -- The power of the court under Section 148 to extend time is discretionary and must be exercised judicially. This discretion cannot be invoked mechanically to condone inordinate delay or to revive a decree that has become inexecutable due to non-fulfilment of its essential condition. Prolonged inaction of the decree-holder for years weighs against exercise of equitable discretion in his favour.
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