Write down the conditions under which you will suggest a company to bring a suit for Specific Performance.

CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2020
Write down the conditions under which you will suggest a company to bring a suit for Specific Performance.

Answer & Explanation:

Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as sale of land. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case. The Supreme Court in Babulal v. Hazari Lal Kishori Lal & others, AIR1982 SC 818;1982 SCC (1) 525 has held that no special form of decree in a suit for specific performance is supplied by the Civil Procedure Code, 1908. Chapter 11 of the Specific Relief Act, 1963 deals with the various circumstances under which a contract may be enforced specifically and where it cannot be allowed. When a contract is to be specifically enforced, it means simply this that when the parties do not agree to perform the contract mutually, the intervention of the Court is required and the Court will do all such things as the parties would have been bound to do had this been done without the intervention of the Court. By the decree for specific performance, the court sets out what it finds to be the real contract between the parties and declares that such a contract exists and it is for the executing court to do the rest. In may be noticed further that a decree in a suit for specific performance has been considered to be somewhat in the nature of preliminary decree which cannot set out in the fullest detail the different steps which are required to be taken to implement the main portion of the order directing specific performance of the contract. The executing court is in such a case vested with authority to issue necessary directions. The concerned company is suggested accordingly.

Topics: Specific Relief Act, 1963

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