case where the question of considering the amendment application in a specific performance suit did not arise. The learned Judge held ... specific performance of the contract in order to bring the plaint in conformity with S. 16(c) of the Specific Relief Act, the amendment applications
contract as is mandatorily
required under Section 16(c) of the Specific Relief Act must
be determined having regard to the entire attending
circumstances ... settled law that under the Act, 1963, prior to the
2018 Amendment, specific performance was a discretionary
and equitable relief. In Kamal Kumar v. Premlata
prayer for specific performance. Thus,
it requires to be examined as to whether the right of the
plaintiffs to seek specific performance existed ... condition precedent
to file the suit for specific performance.
The decree of specific performance will
always be subject to the condition to
the grant
3124/2009, seeking an injunction and later, by way of
amendment specific performance, which was rejected
under Order VII Rule
prescribed therein, which expired in
December 1994 and the amendment seeking the relief of
specific performance having been incorporated in the year
1995, it would ... justified in decreeing the suit for specific performance having
regard to the suit for specific performance being clearly barred
as on the date the relief
specific
performance. In a suit for specific performance, readiness and
willingness of parties is imperative. Section 16 of the Specific Relief
Act, pre-amendment, reads ... settled law that under the Act, 1963, prior to the
2018 Amendment, specific performance was a discretionary and
equitable relief. In Kamal Kumar v. Premlata
Section 53A of Act and now
by proposed amendment, the amendment sought is for
specific performance of agreement of sale of the year ... suit for declaration and
injunction to one of specific performance, when claim for
specific performance had become barred by limitation, is
impermissible. Paragraphs
contract and the Specific Relief Act , if there is a
amendment, it is prospective in application, as the said
amendment to Section ... High Court for the simple
reason that after the 2018 Amendment, specific
performance, which stood as a discretionary
remedy, is not (sic now) codified
decree of specific performance, mere allowing the
application for amendment to incorporate prayer for
specific performance will not, in no way prejudice to the
case ... court
rejecting the application for additional prayer seeking
amendment, only in so far as specific performance to
enforce the agreement dated 20.07.1995 and to declare
even
proceeding further, as the plaintiff by way of the
amendment is seeking specific performance of contract
and a direction to execute the sale deed ... though
no prayer for specific performance is sought for, pith and
substance of the relief claimed is for specific performance.
This being the case, when
