Suit For Specific Performance Doesn't End With Passing Of Decree; Court Retains Power To Annul Decree Or Extend Time : Supreme Court

 IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 563-566 OF 2025 

(Petitions for Special Leave to Appeal (C) Nos. 22802-22805 of 2022) 

BALBIR SINGH & ANR ETC ….Appellant(s) 

 VERSUS 
BALDEV SINGH (D) THROUGH HIS LRS & ORS. ETC ….Respondent(s)

58. In such circumstances referred to above, this Court rejected the contention advanced on behalf of the decree holders that unless the judgment debtor seeks rescission of the contract in terms of Section 28 of the Act, the decree would remain executable in spite of expiry of the period for deposit. 

59. This Court while allowing the appeals filed by the judgment debtor held that although Section 28 of the Act permits the judgment debtor to seek rescission of a contract and also permits extension of time by the court yet merely because rescission of contract was not sought by the judgment debtor would not automatically result in extension of time.