Dishonouring of Sale Agreement

30-Apr-2023 (In Breach of Contract Law)
Plaintiff cheats Defendant by dishonouring sale agreement as per terms mentioned therein. Subsequently, Plaintiff files a false specific performance case and wins ex-parte. Plaintiff files for execution of Decree. Defendant files Misc Case and is seeking to set aside Decree on basis of ill-health and for not being heard fully in the specific performance case. What should the Defendant do to permanently set-aside the Decree?
Answers (1)

Answer #1
966 votes
If your miscellaneous petition is allowed then automatically the original suit for specific performance will reopen and you will be permitted to contest the suit as though no decree has been passed. For now if you haven’t already gotten stay, obtain a stay order on the execution of the decree. If stay is denied by the civil court, approach the appellate court / high court as the case may be.
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