In Brief
The appellant and his brother agreed to sell 24 Kanals 2 Marlas of land to the respondents in 2006. When the appellant failed to execute the sale deed, the respondents obtained a decree for specific performance, which was upheld through two higher court appeals and an SLP was rejected. During execution, the respondents produced a draft sale deed but the execution court appointed a commissioner and executed the deed without first serving the draft on the appellant or inviting his objections. The Supreme Court held that Order 21 Rule 34(2) of the CPC mandates that the execution court must serve the draft document on the judgment debtor, invite objections, and consider them before execution. The Court set aside the impugned order and remanded for proper compliance with this procedure."
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