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Issues involved: Discharge of mortgage, compliance with court order regarding payment.
Discharge of Mortgage: The appellant filed a suit for specific performance of a contract, where the High Court held her liable to discharge the mortgage on the suit property created by the respondent in favor of a bank. The appellant paid the amount directly to the mortgagee, but the High Court deemed it non-compliant with the decree. The Supreme Court directed the appellant to deposit the specified sum with an undertaking to give up certain rights under the mortgage decree. The appellant deposited the amount in the High Court and filed petitions for declaration of compliance with the court order. Compliance with Court Order: The High Court dismissed the appellant's petitions for declaration of compliance with the court order, stating that the cheque payment made by the appellant was not in due compliance with the court's order. The High Court emphasized adherence to the Original Side rules, particularly Order 31, rules 1 to 6, for depositing money in court. The appellant argued that the cheque payment should be considered as payment made within the stipulated time, citing legal precedent on cheque payments being valid if subsequently honored. Judgment: The Supreme Court found that the appellant substantially complied with the court order conditions and was entitled to its benefits. The appeal was allowed, setting aside the High Court's order and directing the respondent to execute the sale deed in favor of the appellant. No costs were awarded in the circumstances of the case.
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