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[Cites 0, Cited by 2] [Section 23] [Entire Act]

Union of India - Subsection

Section 23(1) in The Specific Relief Act, 1963

(1)A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option of paying money in lieu of specific performance.