condition precedent to file the suit for specific performance. The decree of specific performance will always be subject to the condition to the grant ... performance, or if no such date is fixed, when the plaintiff has notice that the performance is refused.
29. In a suit for specific performance
addition to specific perform-
ance where the plaintiff has not abandoned his relief of
specific-performance the Court will allow the amendment at
any stage ... addition to specific performance where the plaintiff
has not abandoned his relief of specific-performance the
court will allow the amendment at any stage
inclined to grant specific performance,
then the damages which plaintiffs would suffer on
account of non performance by the defendants under the
agreement should ... breach in addition to a decree for specific
performance where it is of the view that specific performance alone
would not satisfy the justice
appeal relates to rejection of an application for amendment
of plaint in a suit for specific performance of the agreement for sale
passed ... that in this case, by filing the application for amendment in the
suit for specific performance of the contract for sale, the appellant had
sought
applications for amendment.
17. The applications filed by the respondent/plaintiff for amendment
of the plaint to include the relief of specific performance as well ... District Court, Thiruvallur and therefore,
the applications for amendment to include the relief of specific performance
Section 10 ,
after amendment, reads as under:
10. Specific performance in respect of
contracts.—The specific performance of a contract
shall be enforced ... would come into play post the 2018 Amendment
to the Specific Relief Act which enables specific performance of
contracts to uphold their sanctity. However, from
which held that exercise of control specific knowledge of performance
preconditions conclusion of permission. MySpace asserts to not exercising any control or
possessing knowledge ... place for communicating
copyrighted works. It is argued also that the amendment to the Copyright Act , w.e.f
21.06.2012 took note of the challenges
trial Court declining the amendment and allowed the amendment of the plaint to seek decree of specific performance as the first relief in spite ... alive till the time for performance and claim specific performance, but, in that event, he cannot claim specific performance of the contract unless he shows
exhaustive of all claims of specific
performance based on written contracts, the suit for specific
performance cannot be decreed for non-registration.
Thus ... certain provisions of Specific Relief Act
and Section 27 A deals with Specific performance in case of part
performance of contract of lease
required
mandatorily to order specific performance of contracts which are
capable of specific performance. Prior to the amendment, Courts had
the discretion to enforce ... enforce specific
performance of such contracts, unless they are incapable of specific
performance for any other reason envisaged by the Specific Relief
