required
mandatorily to order specific performance of contracts which are
capable of specific performance. Prior to the amendment, Courts had
the discretion to enforce ... enforce specific
performance of such contracts, unless they are incapable of specific
performance for any other reason envisaged by the Specific Relief
barred by limitation and secondly, there could not be
decree for specific performance based on mere money
receipts, which did not mention the purpose ... permanent injunction but was later
amended to become a suit for specific performance.
Amendment relates back to the date of the suit. On
this count
considering whether an order for specific performance can
be passed. The change brought in by the amendment to Section 10 was lucidly
explained ... held that relief of Specific Performance of a
contract is no longer discretionary after the amendment. Reference may also be
made to Sughar Singh
provided:-
“10. Cases in which specific performance of
contract enforceable.- Except as otherwise
provided in this Chapter, the specific performance
of any contract ... provides:
10. Specific performance in respect of contracts.-
The Specific performance of a contract shall be
enforced by the court subject to the provisions
cancelled the agreement. Even though the prayer for
amendment to include the relief of specific performance
was made about 11 years after the filing ... this case, the inclusion of the plea of specific performance
by way of amendment virtually alters the character of the
suit, and its pecuniary jurisdiction
provided:-
“10. Cases in which specific performance of
contract enforceable.- Except as otherwise
provided in this Chapter, the specific performance
of any contract ... provides:
10. Specific performance in respect of contracts.-
The Specific performance of a contract shall be
enforced by the court subject to the provisions
specific performance. Such a dubious approach
should not be allowed especially in a suit for specific
performance, as the relief of specific performance is
discretionary ... suit for
specific performance as the relief of specific performance is a discretionary
under Section 20 of the Specific Relief Act, 1963. In the above
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
plaint by seeking to incorporate
additional prayers for specific performance and by making
necessary amendment to the body of the plaint also. The
3
said ... record will clearly indicate that the proposed
amendment was sought only to incorporate additional relief
of specific performance along with corresponding
amendments to the body
agreement by incorporating a
prayer for specific performance. The High Court upheld the
challenge against rejection of the amendment by the lower court ... converted into a suit for specific
performance by the plaintiff-respondent by way of amendment
in the plaint in 1993 when the claim for specific
