VidhiSangh

Supreme Court of India · 08/05/2026

ANAND NARAYAN SHUKLA versus JAGAT DHARI

[2026] 5 S.C.R. 453 · 2026 INSC 463

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Summary

The Supreme Court held that a trial court decree for specific performance does not merge in an appellate order dismissing the appeal for non-prosecution. Permitting a belated deposit does not take away the judgment-debtor's right to seek rescission under Section 28 of the Specific Relief Act. Since the decree fixed time but no consequence for default, there was no automatic rescission, and the execution was remitted for fresh consideration under Section 28.

Issues

  1. Whether the trial court decree for specific performance merged in the appellate court's order when the appeal was dismissed for non-prosecution.
  2. Whether the judgment-debtor's application under Section 28 of the Specific Relief Act, 1963 was maintainable after the Court had permitted, and the decree-holder had made, a belated deposit.
  3. Whether the rescission of the contract and dismissal of the execution, without considering the facts and the possibility of compensating the judgment-debtor for delay, was sustainable.

Provisions considered

Held

Result

Appeal allowed; orders of the High Court and the Execution Court set aside; execution application and the applications for rescission or extension of time restored to the Court of first instance for fresh consideration as applications in the suit, in light of the judgment.

Judgment PDF: Supreme Court of India, [2026] 5 S.C.R. 453.