Specific Relief Act - Sections 16, 28 - Application for extension of time - Suit for specific performance - Decree holder failing to deposit purchase
money within the time limit fixed by court - Execution dismissed for want of deposit of balance amount - Application for extension filed after five years of
decree - Before the High Court in revision - Remanded to execution
Court - Whether maintainable - Held, executing Court can entertain the application for extension - Further held, vendor can seek recission as a defence.
Specific Relief Act - Section 28 - Suit for specific relief decreed - Decree holder failing to deposit balance consideration - No explanation for the
delay - Held, discretion be not exercised in favour of decree holder - No extension of time be granted.
Limitation Act - Article 54 - Suit for specific performance filed within limitation - Suit decreed - Balance consideration not deposited - Held, merely
because a suit is filed within limitation it does not absolve the decree holder
from showing his readiness and willingness for performing the contract.