file a suit for specific performance. It was held in the said judgment
that there was no scope for specific performance and damages ... amended to one for specific performance of contract,
particularly at a juncture when such specific performance was time‐barred.
41. The next judgment cited
nature and character of the suit from being a suit for specific performance
of an agreement to one for declaration of title and possession followed ... binding on the respondent. By seeking amendment of the plaint in its suit for specific
performance, Respondent 1 has created its own difficulties by substantially
obtained substituted performance of
contract in accordance with the provisions of section 20 ;
(b) a contract, the performance of which involves the performance ... current section, as it stands after amendment, does
16
not contemplate a bar to specific performance of contracts dependent on the volition of
the parties
garb of an
injunction, a relief of specific performance cannot be obtained at
this stage, without any amendment to the plaint to that effect ... corners
of the plaint prayers do we find any relief for specific performance of
the MOU. As such, the learned Trial Judge was justified
Specific Relief Act, 1963 in the year 2018. By such
amendment, the previously wide discretion of courts not to grant
decrees of specific performance ... same
has been given an upper-hand by such amendment to the Specific
Relief Act .
54. Seen from such prospective, the element of public interest
garb of an
injunction, a relief of specific performance cannot be obtained at
this stage, without any amendment to the plaint to that effect ... corners
of the plaint prayers do we find any relief for specific performance of
the MOU. As such, the learned Trial Judge was justified
garb of an
injunction, a relief of specific performance cannot be obtained at
this stage, without any amendment to the plaint to that effect ... corners
of the plaint prayers do we find any relief for specific performance of
the MOU. As such, the learned Trial Judge was justified
garb of an
injunction, a relief of specific performance cannot be obtained at
this stage, without any amendment to the plaint to that effect ... corners
of the plaint prayers do we find any relief for specific performance of
the MOU. As such, the learned Trial Judge was justified
amendment of Section 20 of
the Specific Relief Act in the year 2018, the discretion of the court to
grant specific performance is no longer ... Section 20 of the Specific Relief Act by way of amendment took place by
virtue of the amendment of 2018, which was given effect from
plaintiff that the court
cannot enforce specific performance of its materials terms.
28. An examination of the 2018 amendment and its effect is germane ... stood before the said amendment. As
per the said Clause, the court could not grant specific performance in
respect of a contract which runs into
