trial Court declining the amendment and allowed the amendment of the plaint to seek decree of specific performance as the first relief in spite ... alive till the time for performance and claim specific performance, but, in that event, he cannot claim specific performance of the contract unless he shows
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 ... prayer for specific performance was made belatedly after expiry of
limitation, which amendment ought not to have been allowed in the first
instance
claim relief of possession by way of specific performance of
agreement to sell. The amendment having been allowed by the court below,
the order ... specific performance of agreement to sell dated 28.5.2007. In terms
of Article 54 of the Limitation Act , a suit for specific performance could be
filed
also sought relief for specific performance of the
contract alongwith relief for injunction since cause of action for specific
performance of the contract had arisen ... specific
performance or recovery of damages and earnest money. Not only this, in
the second suit, again no relief was claimed for specific performance
relief of specific performance was filed on
3.10.2011 i.e. after expiry of limitation period to claim the relief of
specific performance of the agreement ... specific performance. However, on the date of filing
amendment application, relief of specific performance had become
barred by limitation. Consequently, it was held that amendment
application dated 12.05.2011 (Annexure P-
3) for amendment of plaint to claim the relief of specific performance of the
impugned agreement along with other consequential ... himself that suit to claim relief of specific performance had hopelessly
become barred by limitation, when amendment application was moved, the
amendment cannot be allowed
plaintiff did not claim the
relief of specific performance of the agreements.
In amendment application (Annexure P-3), the plaintiff
alleged that there was dispute ... suit was for specific performance of the
agreements on payment of balance sale consideration.
Accordingly, relief of specific performance of the agreement to
sell dated
submitted that they have a right to seek specific performance but
instead of seeking specific performance, they had filed a suit for mandatory and
permanent ... seeking
specific performance and once the pith and substance of the suit is for specific
performance, then the amendment does not change the nature
were ready and willing in terms of
Section 16(c) of the Specific Relief Act. This requires not only
such plea but also proof ... settled law that under the Act, 1963, prior to the 2018
Amendment, specific performance was a discretionary and equitable
relief. In Kamal Kumar vs. Premlata
sufficient
pleadings to support claim for possession by way of specific performance
and the amendment would not change the character of the suit in essence ... specific performance has already been paid by the
plaintiff/appellant by deeming the present suit as a suit for specific
performance. The relief of specific
