In Brief
The Supreme Court upheld the High Court's dismissal of revision petitions filed by judgment debtors seeking rescission of a contract for sale of immovable property. The debtors claimed the decree holders failed to deposit balance sale consideration within 20 days as prescribed by the trial court. The Court held that when the High Court's appellate decree affirmed the trial court's decree, the original 20-day period did not automatically revive from the appellate judgment date. Under the doctrine of merger, only the appellate court's operative decree governs. Section 28 of the Specific Relief Act empowers the executing court to extend the deposit period based on circumstances and parties' conduct. Here, no unreasonable delay or willful default occurred; the decree holder filed the execution petition promptly and sought immediate permission to deposit, which was granted on the same day.
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