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Narayan Prakash vs. Surendra Kumar & Anr.

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Code of Civil Procedure, 1908–Order 21, Rule 1 & Secs. 151/141–Execution proceedings–Application for quahsing the proceedings on the ground of non-deposit of payment–Rejection of–Decree of specific performance of contract–Decree holder produced the cheque of amount of Rs. 16,20,000/- within a period of one month as stipulated in decree–Notice of amount was given to judgment-debtor through Court–Period for which the judgment-debtor obtained stay from High Court would not make the payment contrary to the terms of decree–Nothing in decree for making the payment by decree-holder to judgment-debtor in cash term–Default on part of Court in issue of notice; cannot suffer the decree-holder–Order passed by executing Court rejecting the application cannot be faulted.