been filed
for specific performance and as per Section 22
of the Specific Relief Act, 1963, ("the Specific
Relief Act "), the plaintiff ... been filed
for specific performance and as per Section 22
of the Specific Relief Act, 1963, ("the Specific
Relief Act "), the plaintiff
suit for specific performance could not be filed beyond 18th July, 1995. In other words, the relief for specific performance of the agreement could ... terms of contract Relief for specific performance ought to have been asked in original suit itself - Relief of specific performance cannot be allowed
plaintiffs can file
suit for specific performance and or can sought for such
performance by way of filing amendment in the suit.
3.4 Learned advocate ... filed
suit for specific performance. Undisputedly, while filing suit
in question on 03.04.2006, the plaintiffs had not sought for
either specific performance
amendment of the
pleadings which was allowed. However, the trial court
dismissed the suit by not accepting plea that the amendment
for specific performance ... facts of the
case that inclusion of plea of specific performance by way of
amendment would virtually alter the character of the suit
proposed amendment, the various details which transpired between the parties and the rights of the plaintiffs to get their specific performance of an agreement ... therefore, they ought to have filed the suit for specific performance. Granting amendment of the plaint at a belated stage would adversely and prejudicially affect
Ahmedabad Municipal Corporation vs Jaykumar Babulal Jain on 21 June, 2018
Author: J.B.Pardiwala
practically granting a relief
of specific performance of MoU despite specific bar contained
under Section 14(d) of the Specific Relief Act and as such ... decree
for specific performance being the rule and damages by way
of compensation being the (exception) Specific performance
would therefore normally be granted in favour
specific performance observed that
plaintiff can amend plaint at any stage of proceeding by incorporating
claim of compensation subject to principle relief of specific
performance ... filed seeking specific performance of an agreement
and it is filed under provisions of the Specific Relief Act, 1963 .
The amendment, which is sought
Cases in which specific performance of contract
enforceable.- Except as otherwise provided in this
Chapter, the specific performance of any contract may, in
the discretion ... provides:
10. Specific performance in respect of contracts.- The
Specific performance of a contract shall be enforced by
the court subject to the provisions contained
which he sought for specific
performance of such agreement to sell. The suit is filed
seeking specific performance, declaration and permanent
injunction in relation ... would further submit that by way of
seeking amendment, the suit for specific performance is now
converted into suit for declaration, inasmuch as title
