EQUITY OVER TECHNICALITY: SUPREME COURT REAFFIRMS POWERS UNDER SECTION 28 OF THE SPECIFIC RELIEF ACT

In Sanjay Dwivedi vs. Madanlal Agrawal (2026),[1] the Supreme Court reaffirmed that a decree for specific performance does not automatically stand rescinded merely because the decree-holder fails to deposit the balance sale consideration within the time stipulated in the decree. The Court held that courts retain jurisdiction to extend the time for payment even after expiry of the prescribed period, provided the equities of the case justify such extension. The judgment, delivered by a Bench comprising Justice Manoj Misra and Justice Manmohan, is an important reaffirmation of the equitable foundations underlying decrees for specific performance.