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Sanjay Shivshankar Chitkote vs. Bhanudas Dadarao Bokade th. LRs. (SC)

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Specific Relief Act, 1963–Sec. 28(1)–An application for rescission of the contract of specific performance or an application seeking further period for the payment of purchase money or another sum which the Court has ordered the judgment-debtor to pay in a decree in the suit for specific performance will have to be made in the same suit in which the decree was made– Application should be filed in the same suit, it means in the suit itself, i.e. on the original side and not in execution proceedings.