performance was done away by newly substituted Section 20 by Act 18 of 2018. The newly substituted Section 20 makes specific performance of contract ... Contracts not specifically enforceable.
The following contracts cannot be specifically enforced, namely:--
(a) where a party to the contract has obtained substituted performance of contract
provisions, inter alia,
specific performance of contracts, contracts not specifically enforceable, parties
who may obtain and against whom specific performance may be obtained ... certain limited grounds. Further,
it is proposed to provide for substituted performance of contracts, where a
contract is broken, the party who suffers would
been substituted inter alia doing away with
the wider discretion of the Courts to grant specific
performance introducing substituted performance of
contract. In terms ... provisions, inter alia, specific performance of
contracts, contracts not specifically
enforceable, parties who may obtain and
against whom specific performance may be
obtained
cases involving specific performance of contracts and grants a
right to an aggrieved party to seek specific performance of a
contract in certain cases, subject ... enforced in favour of a person—
(a) who has obtained substituted
performance of contract under section
20; or
(b) who has become incapable of performing
Arjun Prasad And Others vs Ganesh Prasad And Others on 5 July, 2023
Author: Jaspreet
Puravankara Projects Limited ... vs Galaxy Properties Private Limited ... on 20 February, 2018
Author: C.V
obtained substituted performance of contract in
accordance with the provisions of section 20 ; (b) a contract, the
performance of which involves the performance ... favour of a person-- 2[(a) who has obtained
substituted performance of contract under section 20 ; or] (b) who has
become incapable of performing
obtained substituted performance of contract in
accordance with the provisions of section 20 ; (b) a contract, the
performance of which involves the performance ... favour of a person-- 2[(a) who has obtained
substituted performance of contract under section 20 ; or] (b) who has
become incapable of performing
obtained substituted performance of contract in
accordance with the provisions of section 20 ; (b) a contract, the
performance of which involves the performance ... favour of a person-- 2[(a) who has obtained
substituted performance of contract under section 20 ; or] (b) who has
become incapable of performing
Specific Relief (Amendment) Act, 2018 reads as
follows:-
“20. Substituted performance of contract.
(1) Without prejudice to the generality of the provisions
contained ... from the party committing
such breach.
(2) No substituted performance of contract under sub-
section (1) shall be undertaken unless the party who suffers such
