that post the 2018 Amendment to the Specific Relief Act ,
the Court is left with no discretion to refuse specific performance.
16. Per contra ... contract has become
contract has become
incapable of specific
incapable of specific
performance does not
performance does not
preclude the court from
preclude the court
Section 10, after amendment, reads as under,
10. Specific performance in respect of contracts.--The
specific performance of a contract shall be enforced ... specific pre-requisite and/or essential ingredient for
specific performance are fulfilled/proved, the court is now obligated to grant
the relief of specific performance
Firozuddin V. Zafruddin
SECTION 10 SPECIFIC RELIEF ACT PRIOR
TO AMENDMENT
10. Cases in which specific performance of
contract enforceable.--Except as otherwise
provided ... Firozuddin V. Zafruddin
SECTION 10 SPECIFIC RELIEF ACT AFTER
AMENDMENT
"10. Specific performance in respect of
contracts.--The specific performance of a
contract shall
deal with the 1st
Amendment i.e inclusion of relief of specific performance.
Amendment qua relief of Specific Performance
The Plaintiff by way of amendment ... endeavours to seek specific
performance of agreement to sell dated 24.10.2008. As per Article 54 of
the Limitation Act, 1963 Specific Performance of a contract
condition precedent
to file the suit for specific performance. The decree of specific
performance will always be subject to the condition to the grant ... this case, the inclusion of the plea of specific
performance by way of amendment virtually alters the character of the suit,
and its pecuniary jurisdiction
specific performance of agreement of sale had
been rejected and a finding had been recorded that the relief for specific
performance had already become time ... respondent no.1 in the earlier suit for amendment seeking relief of specific
performance of the agreement on the ground of limitation and their plea
Specific Performance in respect
of vacant land in excess of ceiling limit can be
filed and a conditional decree can be passed for
Specific Performance ... relief of Specific Performance in the suit which
it filed when it had cause of action to sue for
15
Specific Performance as relinquishment
below, therefore, were correct in refusing permition
for amendment of the plaint introducing specific relief of
performance.
It is seen that limitation under Section ... different
from suit for specific performance.
The suit for specific performance
in fact was claimed by way of
amendment application filed under
order VI, Rule
Amendment of--When to be permitted.
Specific Relief Act, 1963 : Section 16(c) --Suit for
specific performance-Amendment of plaint----Permissibility
of.
HEADNOTE:
For selling ... suit for specific performance in view of the
provisions of sub-section (c) of section 16 of the Specific
Relief Act was not made, probably
giving cause of action to respondent-plaintiff to seek amendment
for seeking relief of specific performance of alleged agreement to sell
executed in his favour ... case no evidence was adduced when the
application for amendment for seeking relief of specific performance was
filed. Sufficient explanation was also given by plaintiff
