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
Section 53A of Act and now
by proposed amendment, the amendment sought is for
specific performance of agreement of sale of the year ... suit for declaration and
injunction to one of specific performance, when claim for
specific performance had become barred by limitation, is
impermissible. Paragraphs
declaration and injunction only and there was no prayer for specific performance of the contract ... attempt was made to include the prayer for amendment in the plaint, for specific performance of the contract, but the prayer for amendment was rejected
this Hon'ble Court seeking specific
performance of the said agreement (Exhibit 14).
(l) The original defendant no.9 in readiness ... having been unsuccessful in getting
extension of time to carry out the amendment
effecting addition of the plaintiff as a party in his
suit
relief of specific
performance in the suit which it filed when it had
cause of action to sue for specific performance as
relinquishment of that ... 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
specific
performance of agreement of sale had been rejected and a
finding had been recorded that the relief for specific
performance had already become time ... respondent No. 1 in the earlier suit for amendment
seeking relief of specific performance of the agreement on the
ground of limitation and their plea
filing of a suit for specific
performance or leading of such a contractinto evidence.
10. The Amendment Act also introduced a proviso to Section ... does not, whether in specific
terms or by necessary intent, prohibit the filing of a suit for
specific performance based upon an unregistered agreement
been accepted. The court has not
granted a decree for specific performance of the contract.
The question of eviction of the respondents in execution ... with Section
151 of the CPC for amendment of the plaint in their suit
for specific performance/injunction i.e. Title Suit
when an action for specific performance would still have been in time, and that the amendment of August 3, 1925, by which date the defendant ... suing for specific performance obtain a title which will protect him from ejectment, But if it is no longer enforceable, its part performance will
part performance of the contract i.e. even after the expiry of the period of limitation for the suit for specific performance of contract ... specific performance would lie by adding new Section 30A in the Specific Relief Act 1877 but then it was to the view that such amendment
