lieu of specific performance.
2. The suit for specific performance instituted by the Plaintiff is of
1988. The Plaintiff claims specific performance of an agreement ... addition to
specific performance where the plaintiff has not abandoned his
relief of specific performance the Court will allow the amendment
at any stage
separate judgment pronounced today.
(a) In a suit for specific performance of contract,
an amendment introducing a plea of readiness and
willingness in terms ... application
for amendment should contain the material facts by way of
proposed amendment that there was a specific date fixed for
performance of contract between
concurred in the sale?
2) Whether an amendment seeking such relief of decree
for specific performance to the extent of the share of
the contracting ... Court
from permitting a person claiming the relief of specific
performance from seeking amendment so as to incorporate the
reliefs enumerated in Section
prayer for for specific performance.
48. It is submitted by the learned senior counsel that the
averments for seeking specific performance of the development
agreement ... specific performance only on 30 th January
2006. He submits that the challenge to a letter of termination is in
aid of specific performance
that in this case, by filing the application for
amendment in the suit for specific performance of the contract
for sale, the appellant had sought ... different from suit for specific performance.
The suit for specific performance in fact was claimed by
way of amendment application filed under Order 6 Rule
disappeared, their right to
seek specific performance revived and accordingly they have asked
for specific performance causing amendment to the plaint, which has
been approved ... exercised in favour of the plaintiffs granting specific performance. In
the alternative, he submits that if specific performance is to be
declined, in the circumstances
that in this case, by filing the application for
amendment in the suit for specific performance of the contract
for sale, the appellant had sought ... different from suit for specific performance.
The suit for specific performance in fact was claimed by
way of amendment application filed under Order 6 Rule
stipulated point of limitation for claiming specific performance
of contract. The limitation for claiming specific performance of
contract thus expired somewhere around June, 2015. This ... years from the date of denial of specific
performance and as such the relief of specific performance is
clearly time barred. The relief of Section
application on 17-8-1982 for amendment of the
plaint. By that amendment the plaintiff sought specific performance of the
mmj 3/22
::: Downloaded ... barred by
limitation when the plea and relief of specific
performance was sought by an amendment to the
plaint beyond the period of limitation
Shri Girish Vinodchandra Dhruva And Ors vs Smt. Neena Paresh Shah on 12 June, 2023
