inclined to grant specific performance,
then the damages which plaintiffs would suffer on
account of non performance by the defendants under the
agreement should ... breach in addition to a decree for specific
performance where it is of the view that specific performance alone
would not satisfy the justice
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
Cases in which specific performance of contract
enforceable.- Except as otherwise provided in this
Chapter, the specific performance of any contract may, in
the discretion ... provides:
10. Specific performance in respect of contracts.- The
Specific performance of a contract shall be enforced by
the court subject to the provisions contained
addition to specific performance
where the plaintiff has not abandoned his
relief of specificperformance the court will
allow the amendment at any stage ... apply if what is sought by the
amendment is the Conversion of a suit for
specific performance into one for damages
for breach of contract
Cases in which specific performance of
contract enforceable.--Except as otherwise provided in
this Chapter, the specific performance of any contract may,
in the discretion ... specific performance
of a contract shall be enforced subject to .......". The Court, thus, is
now obliged to enforce the specific performance of a contract
three years and the plaintiff has sought application for amendment
incorporating prayer for specific performance of contract on
31.10.2002 which is barred by limitation ... decree as plaintiff has waived his claim for specific
performance of contract. By way of said amendment, it cannot be
related back as right
that the Specific Relief Act is amended in
the year 2018. As per amendment to section 10 now the relief of
specific performance ... amendment is prospective while deciding the case
for the specific performance filed prior to the amendment made in
the year 2018, the court
that his case is fit for a decree of specific performance as per
the Amendment Act. In case, the plaintiff is able to prove ... judgment
didn't take into account the Amendment Act, 2018, and thus held that
specific performance is a discretionary and equitable relief. However
paying arrears of licence fee.
(d) A prayer for amendment in a suit seeking specific
performance, by adding a necessary averment which was
inadvertently left ... converted into a suit for
specific performance where, by that time, a suit for
specific performance would have become barred by time.
(xi) Applying these
they
stood prior to the amendment are reproduced for ready reference.
“ Section 10 . - Cases in which specific performance of
contract enforceable –
Except as otherwise provided ... Specific Relief Act (Pre-amendment), which confers
discretion on the court to exercise jurisdiction to decree of specific
performance, states that this exercise should
