Specific Relief Act | Application under Section 28 can be filed in trial court even if decree is passed by appellate court: Supreme Court of India | ProAdvocate

Specific Relief Act | Application under Section 28 can be filed in trial court even if decree is passed by appellate court: Supreme Court

The Supreme Court reiterated that application under Section 28 of the Specific Relief Act, 1963 can be filed in trial court even if decree for specific execution is passed by appellate court.

Citing the precedents of Ramankutty Guptan v. Avara (1994) 2 SCC 642 and V.S. Palanichamy Chettiar Firm v. C. Alagappan and others (1999) 4 SCC 702, the Court observed: "In our view the expression used in Section 28 of the 1963 Act "may apply in the same suit in which the decree is passed" should be given a wider meaning so as to include the court of first instance also even if the decree subject to execution is passed by the appellate court." 

Case Title- Ishwar (now deceased) Thr. Lrs & Ors vs Bhim Singh & Ors.