amendment application
sought by the plaintiff, as stated by the learned counsel the entire
amendment particulars was pertaining to the relief of specific performance ... filing the
suit for specific performance. If the plaintiff is really want to file suit for
specific performance he should have approached the concerned Court
equitable remedy of specific performance shall not be
granted?
c) When the respondent/plaintiff filed the suit for
specific performance nearly after a period ... mandatory under the old Specific Relief Act before the recent
amendment that the plaintiff in the suit for specific performance is mandated
“to aver
equitable remedy of specific performance shall not be
granted?
c) When the respondent/plaintiff filed the suit for
specific performance nearly after a period ... mandatory under the old Specific Relief Act before the recent
amendment that the plaintiff in the suit for specific performance is mandated
“to aver
claimed before as well as after the amendment remained the
same i.e. a decree for specific performance of the contract for
sale, even then ... second case above referred, the plaintiff therein in a suit
for specific performance has also filed an application to amend the plaint
settled principles of law that the Court while
granting decree of specific performance exercises its discretionary
jurisdiction. In the decision in Katta Sujatha Reddy ... that after the amendment of Section 10
of the Specific Relief Act, the Courts are obliged to enforce the specific
performance of a contract subject
Specific Relief Act (Pre-amendment),
which confers discretion on the court to exercise jurisdiction to
decree of specific performance, states that this exercise should ... specific
performance depending upon the case made out by the parties
on facts.”
20. Sub-section (2) to Section 20 of the Specific Relief
suit was filed by the
respondent for specific performance of the obligation undertaken by the
petitioner allegedly under a sale agreement dated 17.11.2011. After ... case his claim for specific performance is refused. It is submitted that by
allowing the amendment in I.A.No.247 of 2019, this Court
suit was filed by the
respondent for specific performance of the obligation undertaken by the
petitioner allegedly under a sale agreement dated 17.11.2011. After ... case his claim for specific performance is refused. It is submitted that by
allowing the amendment in I.A.No.247 of 2019, this Court
suit was filed by the
respondent for specific performance of the obligation undertaken by the
petitioner allegedly under a sale agreement dated 17.11.2011. After ... case his claim for specific performance is refused. It is submitted that by
allowing the amendment in I.A.No.247 of 2019, this Court
suit was filed by the
respondent for specific performance of the obligation undertaken by the
petitioner allegedly under a sale agreement dated 17.11.2011. After ... case his claim for specific performance is refused. It is submitted that by
allowing the amendment in I.A.No.247 of 2019, this Court