Steno Legal Dictation No. 423

The Supreme Court reiterated that an application under Section 28 of the Specific Relief Act, 1963, can be filed before the Trial Court even if the decree for specific performance was passed by the Appellate Court. Referring to the precedent Guptan vs. Avara (1994) 2 SCC 642 and Chettiar Firm vs. and Another (1999) 4 SCC 702, the Court observed: in our view, the expression may apply in the same suit in which the decree is made as used in Section 28 of the 1963 Act must be accorded an expansive meaning so as to include the Court of first instance even though the decree under execution is passed by the Appellate Court.