applications for amendment.
17. The applications filed by the respondent/plaintiff for amendment
of the plaint to include the relief of specific performance as well ... District Court, Thiruvallur and therefore,
the applications for amendment to include the relief of specific performance
person files a suit for specific performance of contract, if the
person does not ask for specific performance of contract, then section 22 will ... proviso to sub-
section 2 of section 22 of the Specific Performance Act, amendment can be
allowed. But, in this case the suit was filed
plaintiff to seek by way of an amendment, the relief of specific performance.
8. It would also be relevant to notice that Section ... amendment was prayed for to delete the relief for specific performance and the amendment was allowed. It does not appear from the Judgment that there
specific performance is maintainable in law as per Section 21 of the Specific Relief Act, 1963 which enjoins that 'In a suit for specific ... merits of the matter in issue. Further, in a suit for specific performance amendment of plaint claiming compensation/damages in lieu of specific performance
that after 2018
amendment, the discretionary power of the Court had been taken away. Prior
to the amendment, in Specific Performance suit, the discretion ... away in cases of specific
performance, whereby the trial Judge had the discretion either to grant relief of
specific performance or in the alternative, refund
Extension Deed.
Leaving aside the question as to whether the Specific Performance
(Amendment) Act, 2018, is retrospective or prospective, the plaintiff has
to prove ... plaintiff.
POINT NO.(IV)
23. Under the Specific Relief Act, 1963 , the relief of specific
performance is an equitable and discretionary relief. As stated supra
claimed relief of specific performance in the original suit itself and cannot claim the relief of specific performance by way of amendment and prayed ... specific performance of agreement of sale. The relief of specific performance of agreement of sale cannot be included subsequently by way of amendment. Especially, when
application for amendment has been allowed. The application for amendment was filed for seeking the relief of specific performance.
10.1. There are two issues ... year 1982. Therefore, the petition filed in 1985 seeking amendment, incorporating the relief of specific performance is within time. Therefore, this court holds that suit
amendment application
sought by the plaintiff, as stated by the learned counsel the entire
amendment particulars was pertaining to the relief of specific performance ... filing the
suit for specific performance. If the plaintiff is really want to file suit for
specific performance he should have approached the concerned Court
counsel for the petitioner
failed to seek the prayer for specific performance, the present amendment
application has been filed seeking to include a prayer ... cause of action for the suit for specific performance and therefore, the rejection
of the amendment application by the trial Court on the ground
