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
suit for specific
performance of the agreement could be
brought on or before 4th August, 1967,
The application for amendment of the
plaint was made ... cause of action
for a suit for specific performance. By the
time the application for amendment was
made, a fresh suit for specific relief
specific performance under Chapter II of the Specific Relief Act 1877, or" has been omitted.
29. The result of this amendment is that, prior ... property could be enforced in a suit for specific performance of a contract, but after the amendment of Section 49 of the Registration
relief for Specific Performance of a contract, has been amended by substituting clause (a) which provides that specific performance of the contract ... that the wider discretion of courts to grant specific performance and to make specific performance of contract a General Rule than exception subject to certain
amend the plaint so as to make his suit one for specific performance. It is quite true there is an express promise to execute ... plea of limitation applicable to a suit for specific performance. The amendment of the plaint, if allowed, would date back to the institution
barred by time as the amendment in the decree did not relate to the decree for specific performance of the contract. It related ... whether the appeal filed against the decree for specific performance was within time. No amendment was made in that part of the decree. The time
addition to specific performance where the plaintiff has not abandoned his relief of specific-performance the court will allow the amendment at any stage ... apply if what is sought by the amendment is the Conversion of a suit for specific performance into one for damages for breach of contract
regarding payment of additional court fees and a relief regarding specific performance. The amendment application was contested by respondent 1 asserting that relief of specific ... legal representatives of respondent 1 were substituted nor any suit for specific performance has been filed within period of limitation, nor legal heirs of Gokaran
specific performance of contract of sale. Learned trial court has disposed of said application holding that suit was in fact one for specific performance ... specific performance of the contract suit was barred by limitation even though the court below decreed the suit granting relief of specific performance
Court to grant specific performance. The proposition is too well settled to brook doubt that specific performance is not to be granted, merely because ... performance. For the relief of specific performance, which is essentially a species of equity but has got statutory recognition in terms of the Specific Relief
