Specific Relief (Amendment) Act, 2018
(hereinafter “the Amendment Act”), Section 20 of the Act has
been substituted, thereby rendering the relief of specific
performance ... courts in
cases involving specific performance of contracts and grants a
right to an aggrieved party to seek specific performance of a
contract in certain
Seema Gupta vs Sunny Talwani on 26 April, 2023
Author: Chandra Dhari Singh
Bench: Chandra
Sanghi Bros (Indore) Pvt. Ltd. vs Kamlendra Singh on 6 September, 2023
Author: Chandra Dhari
Court's Reasoning.............................................................................................................29-89
Amendment Act 2018 has made specific performance of a contract
a general rule rather than an exception. The legislative ... discretion while
dealing with specific performance cases. Consequently, he submitted that as a
general rule, Courts award damages with specific performance of a contract
being
High Court for the
simple reason that after the 2018 Amendment,
specific performance, which stood as a
discretionary remedy, is not (sic now) codified ... after amendment, reads as under:
"10. Specific performance in respect of
contracts.--The specific performance of a
contract shall be enforced by the court
High
Court for the simple reason that after the 2018 Amendment, specific
performance, which stood as a discretionary remedy, is not (sic now)
codified ... aggrieved party in the form of specific performance.
54. Having come to the conclusion that the 2018 Amendment was not a
mere procedural enactment, rather
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
still at
initial stage when the application for amendment was filed. The prayer of
specific performance of agreement to sell was not made ... relief of specific performance of agreement to sell dated
24.12.2008. The present petitioner himself relinquished his claim seeking
the relief of specific performance of agreement
application for amendment of the plaint was filed. By way of the
amendment, the plaintiff-petitioner now sought a relief of specific performance ... early stage. The application for
amendment was filed in the year 2016 for specific performance of an agreement
to sell dated 06.07.2006. The plaintiff-petitioner
specific
performance and the present application is filed to
enable complete and effective adjudication of the
petitioner's claim for specific performance ... include the pleadings and the prayer for specific
performance. The immediate cause for the prayer of
specific performance is the alleged apprehension that
there would
