ANAND NARAYAN SHUKLA versus JAGAT DHARI

Issue for consideration

Issue arose whether the decree of specific performance passed by the trial court merged in the order of the appellate court even though the to make deposit of the balance amount and, pursuant thereto, the amount was also deposited; and whether the rescission of the contract and consequential dismissal of the execution application vitiated by a pedantic approach of the courts below as they failed to consider the facts and