condition precedent to file the suit for specific performance. The decree of specific performance will always be subject to the condition to the grant ... performance, or if no such date is fixed, when the plaintiff has notice that the performance is refused.
29. In a suit for specific performance
Section 10 ,
after amendment, reads as under:
10. Specific performance in respect of
contracts.—The specific performance of a contract
shall be enforced ... would come into play post the 2018 Amendment
to the Specific Relief Act which enables specific performance of
contracts to uphold their sanctity. However, from
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
context of the relief sought by way of amendment. The instant Suit
being one for specific performance what the Plaintiff is seeking ... obstante clause the Plaintiff who is seeking
an amendment in the Suit for specific performance which is filed by him so
as to include
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
substitution of the relief of specific performance. Thus,
a plaintiff in a suit for specific performance of an agreement
of sale can, under Section ... 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
file a suit for specific performance. It was held in the said judgment
that there was no scope for specific performance and damages ... amended to one for specific performance of contract,
particularly at a juncture when such specific performance was time‐barred.
41. The next judgment cited
suit for specific performance.
10. The learned Counsel Mr. Roychowdhury submitted that for the purpose of suit for specific performance three years is the limitation ... been amended and converted into a suit for specific performance. The question of amendment being going back to the date of filing of the original
