Specific Relief Act, 1963–Sec. 28–Scope–Any application seeking rescision of the contract on the ground that the purchaser/lessee has not paid the purchase money or other sum as ordered by the Court, is to be made in the same suit in which the decree was passed–”In the same suit” means in the suit itself i.e. on the original side and not in the execution proceedings–In the present case, application u/s. 28 was filed before the Execution Court in execution proceedings–Proceedings in an Execution Court is not a proceeding in a suit–Held, application was rightly rejected.
