Supreme Court of India · 1956-01-31
JAI NARAIN RAM LUNDIA vs KEDAR NATH KHETAN AND OTHERS.
- Citation / case number
- SC 1955/133
- Court
- Supreme Court of India
- Petitioner
- JAI NARAIN RAM LUNDIA
- Respondent
- KEDAR NATH KHETAN AND OTHERS.
- Bench
- BOSE, VIVIAN
Judgment text excerpt
The Supreme Court held that an executing court cannot alter the terms of a decree for specific performance, as the obligations imposed are reciprocal and inseverable. Under Section 47 and Section 42 of the Code of Civil Procedure, the executing court must execute the decree as it stands or not at all. The court ruled that the defendant, unable to perform his obligation due to the dissolution of the partnership firm, could not execute the decree, nor could he substitute the share in the dissolved firm, as this would constitute an impermissible alteration of the decree.