alia, for declaration and injunction and,
later, by way of amendment, for specific performance
of agreement to purchase the suit scheduled
property. During pendency ... Kishorilal for declaration and
injunction and, later, by way of amendment, for
specific performance of a purchase agreement
between Kishorilal and Gopal concerning the suit
counsel for the petitioner
failed to seek the prayer for specific performance, the present amendment
application has been filed seeking to include a prayer ... cause of action for the suit for specific performance and therefore, the rejection
of the amendment application by the trial Court on the ground
even
proceeding further, as the plaintiff by way of the
amendment is seeking specific performance of contract
and a direction to execute the sale deed ... though
no prayer for specific performance is sought for, pith and
substance of the relief claimed is for specific performance.
This being the case, when
Surjit Kaur vs Apjeet Singh on 17 March, 2026
RSA-2759-1994 (O&M
specific performance of the
agreement of sale. If such a relief is ancillary to and
necessarily flows from a decree for specific
performance, then ... plaintiff in his suit for specific performance of a
contact is not only entitled to seek specific
performance of the contract for the transfer
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 ... amendment. In Tarlok Singh, initially, the
suit was for permanent prohibitory
injunction. However, by way of amendment,
a new relief of specific performance was
introduced
Court below committed a
jurisdictional error by rejecting the amendment for
Specific Performance under Order VI Rule 17 of the
Code of Civil Procedure ... learned Court below. The proposed amendment
was with regard to adding a prayer of specific performance of
agreement to sell dated
concluded contract between the parties and the proposed
amendment for adding the prayer for specific performance of
contract was sought beyond the period of limitation ... that case, the petitioner had already prayed for specific
performance of contract and by way of amendment, only
consequential relief of execution of the sale
plaintiff. The agreement of sale is subsequent to
amendment of Specific Performance of Contract Act. So,
plaintiff is entitle for the relief of specific performance
contended that after the amendment of Section 10 of the
Specific Relief Act, the relief of specific performance is mandatory
rather than discretionary when ... argued that after the
amendment to Section 10 of the Specific Relief Act, the relief of
specific performance is no longer discretionary and that once
