Where a valid and enforceable contract has not been made, the court will not make a con- tract for them. It is stated, in the third column of Article 54 of the Limitation Act,1963, that the suit for specific performance had to be filed within three year from the date stipulated in the contract or from the date of refusal to perform the contract. Dictum in the matter of: Suhrid Singh V/s Randhir Singh & Ors, AIR 2010 SC 2807: In the matter of Suhrid Singh (Supra), the Hon’ble Supreme Court of India held as follows: (a) Where the executant of a deed wants it to be annulled, he has to seek cancellation of the deed. iii. down that no one, other than the parties to the contract and their legal representatives/transferees, can be impleaded even as a proper party. It can also be by the vendor executing the document and delivering it to the purchaser who accepts it. Whether the date was fixed or not the plaintiff had notice that performance is refused and the date thereof are to be established with reference to materials and evidence to be brought on record. The said sub-rule is extracted below: "Court may strike out or add parties. The court can add anyone as a plaintiff or as a defendant if it finds that he is a necessary party or proper party. If Y, who is a non-executant, is in possession and sues for a declaration that the deed is null or void and does not bind him or his share, he has to merely pay a fixed court fee as mentioned under Article 17 (iii) of the Second Schedule of the Court-Fees Act, 1870; and, (d) If Y, a non-executant, is not in possession, and he seeks not only a declaration that the sale deed is invalid, but also the consequential relief of possession, he has to pay an ad valorem court fee as provided under Section 7 (iv) (c) of the Court-Fees Act, 1870. However, as per the dictum in the matter of: Hardip Kaur V/s Kailash[16]: (a) The words ‘an interest in property which forms the subject matter of the agency’ in Section 202 of the Indian Contract Act, 1872 are of wider amplitude than the words ‘an interest in or charge on such property’ in Section 54 of the TPA; (b) A right to possession of an immovable property arises not only from a complete ownership right in the property but having a better title or a better entitlement/right to the possession of the property than qua the person who is in actual physical possession thereof; (c) According to the purport of Section 202 of the Indian Contract Act, 1872, a power of attorney coupled with interest is irrevocable and cannot be revoked/terminated even upon the death of the principal; (d) Where the performance of the agency is not to secure the interest or the benefit of the agent then the agency is not irrevocable. Irrevocable Power of Attorney or Agency Coupled with Interest: According to Section 185 of the Indian Contract Act, 1872, consideration (quid pro quo) is not necessary for creating an agency. In the light of the settled principles of law on the doctrine of lis pendens, we have to examine the provisions of Order 1 Rule 10 of the Code of Civil Procedure. In a case of Smt. In the matter of: Shivaji Yallappa Patil V/s Ranajeet Appasaheb Patil & Ors[13], it was held that, “…The possibility of injury to the interest of third party does not, by itself, disentitle the plaintiff from specific performance but it depends upon the facts and circumstances of each case which will be considered by the court in the exercise of its discretion. To gather the true spirit behind a plea it should be read as a whole. C.R. The law of contract is based on the ideal of freedom of contract and it provides the limiting principles within which the parties are free to make their own contracts. v.   The transferee must have done some act in furtherance of the contract. From the bare reading of the aforesaid provision, it is manifest that sub-rule (2) of Rule 10 gives a wider discretion to the Court to meet every case or defect of a party and to proceed with a person who is a either necessary party or a proper party whose presence in the Court is essential for effective determination of the issues involved in the suit. v.         The party suffering from breach of contract shall be entitled to sue the breaching party for the purposes of claiming compensation for the inconvenience and hardship caused to the aggrieved party as a result of the breach of contract committed by the breaching party. However it was later inserted with the recommendations of the 9th Law Commission's report. According to the purport of Section 17 (1A) of the Registration Act, 1908, an unregistered agreement to sell cannot be made the basis for preferring a suit for part performance of the contract. Indian Penal Code (IPC) Section 506. (5) Subject to the provisions of the Indian Limitation Act, 1877 (15 of 1877), section 22, the proceedings as against any person added as defendant shall be deemed to have begun only on the service of the summons.”. This was the course followed by the Calcutta High Court in – Kafiladdin v. Samiraddin, AIR 1931 Cal 67 (C) and appears to be the English practice. The transferee must in part performance of the contract take possession of the property, or, of any part thereof. It may be by a single document signed by both parties. The relief must be specifically claimed. [1] Aloka Bose V/s Parmatma Devi & Ors, (2009) 2 SCC 582, [2] Bhagaban Behera V/s Kishore Chandra Dash, 2018 (1) Civ. [12], iv. ", The Supreme Court referred the aforementioned decision of the Calcutta High Court in the case of Durga Prasad and Another v. Deep Chand and others AIR (1954) SC 75, and finally held:-, “In our opinion, the proper form of decree is to direct specific performance of the contract between the vendor and the plaintiff and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the plaintiff. (2) The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit, be added." The said provision makes it clear that a court may, at any stage of the proceedings (including suits for specific performance), either upon or even without any application, and on such terms as may appear to it to be just, direct that any of the following persons may be added as a party: (a) any person who ought to have been joined as plaintiff or defendant, but not added; or (b) any person whose presence before the court may be necessary in order to enable the court to effectively and completely adjudicate upon and settle the question involved in the suit. The law of contract is based on the ideal of freedom of contract and it provides the limiting principles within which the parties are free to make their own contracts. An agreement for sale and purchase simpliciter is a reciprocal arrangement imposing obligations and benefits on both parties and is enforceable at the instance of either. (c) who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant. A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court. ii. Where a valid and enforceable contract has not been made by the parties to operate amongst them, the court will not make a contract for them. Even in these cases specific performance is not always granted, as it is a discretionary remedy. Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. 4. (Delhi University), LL.M. However, as per the dictum in the matter of: i. The contract being the foundation of the obligation the order of specific performance is to enforce that obligation.”. If the agreement has not been registered but only notarized or signed on a stamp paper, then you the buyer can send an intimation to the seller that you are no longer interested in proceeding with the purchase (state specific reasons), since no money has been exchanged, the seller will only curse you and also might seek some monetary compensation for causing loss to him (negotiate with him on this … respondent herein had instituted a suit for "specific performance" of a contract on the basis of an agreement to sell dated 11-1-1992 executed by the defendants-appellants qua, property in dispute measuring 11 Kanals, 18 Marlas situated in Khasra, Nos.880, 881 … A transferee has to prove that he was honestly ready and willing to perform his part under the contract. Generally, readiness is backed by willingness. [5], In the matter of: Suraj Lamp & Industries (P) Ltd. V/s State of Haryana[6], it was held that, an immovable property can legally and lawfully be transferred or conveyed only by a registered deed of conveyance and that sale vide General Power of Attorney (GPA) does not convey any title. iii. (Retd.) vi. That in a suit for specific performance, the plaintiff must allege and prove a continuous "readiness and willingness" to perform the contract on his part from the date of the contract. The contract being the foundation of the obligations that the parties are to discharge inter se between each other, the order of specific performance of contact is to enforce those obligations. According to one point of view, the proper form of decree is to declare the subsequent purchase void as against the prior transferee and direct conveyance by the vendor alone. The Law of Contract is based on the ideal of freedom of contract and it provides the limiting principles within which the parties are free to make their own contracts. Your access and use of this website is subject to its Terms of Use. A suit for specific performance of contract often relates to the buying and selling of real estate. The line has been drawn on a wider construction of the rule between the direct interest or the legal interest and commercial interest. A suit for specific performance of an agreement to sell entered into between the parties on 03.11.1988 and later on novated by an agreement dated 15.7.1991, was filed by the respondent herein. Section 16 (c) of the Specific Relief Act, 1963 provides for personal bars to relief. Similarly, if P consigns 100 bales of cotton to Q, who has made advances to him on such cotton, and desires Q to sell the cotton, and to repay himself out of the price the amount of his own advances. (NUJS, Kolkata); Author of: Corporate Manslaughter and Corporate Homicide: Scope for a New Legislation in India, Partridge India, 2015; Associate, S.G. & Co. (New Delhi); advocate.shivamgoel@gmail.com. Any act or thing done by the agent on the strength of power of attorney, is therefore, never construed or treated as having been done by the agent in his personal capacity so as to create any right in his favour but is always construed as having been done by the principal himself. The interpretation of such a contract would be governed by the laws of contract relating to the performance of reciprocal promises. For ordering specific performance of a contract it is necessary first to see whether there has been a valid and enforceable contract and then to see the nature and obligation arising out of it. Partial quashing of FIR in respect of one of the accused persons, Improper investigation u/s 156(3) by police and judge dismissing the application, When police illegally registers FIR against and arrests a person. Order 1 Rule 10 which empowers the Court to add any person as party at any stage of the proceedings if the person whose presence before the court is necessary or proper for effective adjudication of the issue involved in the suit. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract. Article 54 of the Limitation Act deals with the limitation of suit for specific performance. Therefore, for effective adjudication of the controversies involved in the suit, presence of such parties cannot be said to be necessary at all.". Evidence Act, 1872 – Section 101 – Burden of Proof – Agreement – Suit for Specific Performance – Readiness and Willingness – Power of Attorney Holder – Readiness may be a financial aspect but willingness is the state of mind. In a Suit for specific performance, the Court can order impleadment of a purchaser whose conduct is above board, and who files Application for being joined as party within reasonable time of his acquiring knowledge about the pending litigation. 50/- as per the Indian Stamp Act as applicable to Delhi. Specific Performance: Liquidated Damages: Legal action brought into a court compelling a party to carry out the terms of a contract. The appellants and Bhagwati Developers though totally strangers to the agreement, came into picture only when all the respondents entered into a clandestine transaction with the appellants for sale of the property and executed an agreement of sale which was followed by sale deed. The appellant felt aggrieved and filed first appeal before the high court. Among the three subsection, subsection (c) is the most important which was not present in the old Act of 1877. By judgment/decree, the trial court dismissed the suit. A proper party is a person whose presence would enable the Court to completely, effectively and properly adjudicate upon all matters and issues, though he may not be a person in favour of or against whom a decree is to be made. we would also like to refer Section 19 of the Specific Relief Act which reads as under: “19. But if a non-executant seeks annulment of a deed, he has to seek a declaration that the deed is invalid, or non-est, or illegal or that it is not binding on him; (b) The difference between a prayer for cancellation and declaration in regard to a deed of transfer or conveyance, can be brought out by the following illustration relating to X and Y, two brothers. If a supplementary arrangement is entered into between the lessor and the lessee albeit the leased premises which does not alter the period of lease and the quantum of the premium that is to be paid then the same cannot be construed as a fresh transaction entailing necessary consequences of payment of stamp duty and registration. Thus, the question is to be decided keeping in mind the scope of the suit. (See: Syed Dastagir V/s T.R. The decisions in Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay [1992 (2) SCC 524] and Anil Kumar Singh v. Shivnath Mishra [1995 (3) SCC 147] also explain in what circumstances persons may be added as parties. ii. Subsequently, X wants to avoid the sale. The plaintiff respectfully states as follows : – Inducement: (1) Plaintiff is a Govt. The contract being the foundation of the obligations that the parties are to discharge. Opinions expressed in any article are those of the author himself only. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. In the case of Vidhur Impex (supra), the Supreme Court again had the opportunity to consider all the earlier judgments. Spam or abusive comments or comments with hyperlinks will be deleted. 637/2012 (Date of Decision: 25.10.2013, and, Coram: Rajiv Shakdher, J. In case of specific performance of a contract it cannot be doubted, that the jurisdiction to order specific performance of a contract is based on the existence of a valid and enforceable contract. He does not join in any special covenants made between the prior transferee and his vendor; all he does is to pass on his title to the prior transferee…”. It may be by a single document signed by both parties. While affirming concurrent judgments dismissing a suit for specific performance, the Supreme Court briefly explained the questions which are to be considered in such a suit. The law relating to power of attorney is governed by the provisions of the Powers of Attorney Act, 1882. In short, the court is given the discretion to add as a party, any person who is found to be a necessary party or proper party. Indian Penal Code (IPC) Section 510. A power of attorney is executed by the donor so as to enable the donee to act on his behalf. The general rule in regard to impleadment of parties is that the plaintiff in a suit, being dominus litis, may choose the persons against whom he wishes to litigate and cannot be compelled to sue a person against whom he does not seek any relief. Here again, there is a definite point of time, When the plaintiff notices the refusal. A power of attorney is a document of convenience. Specific performance of a contract will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable. 12.2) If the owner of a tenanted property enters into an agreement for sale of such property without physical possession, in a suit for specific performance by the purchaser, the tenant would not be a necessary party. On the other hand, if Y, who is not the executant of the deed, wants to avoid it, he has to sue for a declaration that the deed executed by X is invalid/void and non-est/illegal and he is not bound by it. Thus is clear from the fact that the second part "time from which period begins to run" refer to a case where no such date is fixed. Elements Involved In a Suit For Specific Performance. iii. Indian Penal Code (IPC) Section 511. 2. – Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against-. The discretion under the sub-rule can be exercised either suo moto or on the application of the plaintiff or the defendant, or on an application of a person who is not a party to the suit. Please subscribe to my channel. Further, even an irrevocable power of attorney which creates, assigns, declares, extinguishes or limits, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of Rs. Summarizing the position of law, the Hon’ble High Court of Delhi ruled as under: “…7. . Criminal intimidation by an anonymous communication. ): In the matter of: Egon Zhender International (P) Ltd. (Supra) it was held that-. [3], It is important to note that: (a) Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per Section 123 of the Transfer of Property Act, 1882; and, (b) Section 68 of the Indian Evidence Act, 1872 which deals with examination of attesting witness to prove the execution of document, does not apply to sale deed which is governed by Section 54 of the Transfer of Property Act, 1882. A power of attorney which effectively gives ownership rights of a property by allowing the attorney to sell the immovable property by virtue of Article 48 (f) of the Indian Stamp Act as applicable to Delhi will have to have the stamp duty as a conveyance deed as per Article 23 of the Indian Stamp Act for the amount of consideration. The contract must be in writing signed by the transferor, or by someone on his behalf. The question that is to be decided in a suit for specific performance of the contract for sale is to the enforceability of the contract entered into between the parties to the contract. All the three courts below, on a consideration of the entire materials placed, both oral and documentary, decreed the suit for specific performance. i. Indian Penal Code (IPC) Section 503. 2128/2015, High Court of Delhi, Date of Decision: 03.08.2015 (Coram: Valmiki Mehta, J. In this video I shall explain the legal remedy for enforcement of Agreement to Sell. When the plaintiff claims specific performance of a particular agreement, the suit could be decreed for specific performance of only that agreement, and not any other. Paragraph 36 is worth to be quoted hereinbelow: “Though there is apparent conflict in the observations made in some of the aforementioned judgments, the broad principles which should govern disposal of an application for impleadment are: 1. Amount predetermined as total compensation by the parties to an agreement which an injured party should get if other party breaches a part of the contract. Whether ‘addenda’ to a registered lease deed would require registration? The interpretation of such a contract would be governed by the laws of contract relating to the performance of reciprocal promises. Any document executed or thing done by an agent on the strength of power of attorney is as effective as if executed or done in the name of the principal, that is, by the principal himself. But the form is different and the court fee payable is also different; (c) If X, the executant of the deed, seeks cancellation of the deed, he has to pay ad valorem court fee on the consideration stated in the sale deed. Therefore, if X gives authority to Y to sell X’s land, and to pay himself, out of the proceeds, the debts due to him from X. X cannot revoke this authority, nor can it be terminated by his insanity or death. Specific performance of a contract will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable. In other words, on the basis of independent title in the suit property the petitioner sought to be added as a necessary party in the suit. The format of suit for specific performance of a contract is a particular performance where it goes to court to seek a remedy instead of money. C.R. To gather the true spirit behind a plea it should be read as a whole. An agent, therefore, never gets any personal benefit of any nature by acting as power of attorney for his principal.[8]. Under Section 25, Protection of Women from Domestic Violence Act. C.R. ", This Court again in the case of Dwarka Prasad Singh and others vs. Harikant Prasad Singh and others (1973) SC 655 subscribed its earlier view and held "that in a suit for specific performance against a person with notice of a prior agreement of sale is a necessary party.". The following postulates are sine qua non for basing a claim on Section 53-A of the TPA: i. Specific performance will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable.”, The Court further held “It is, therefore, necessary first to see whether there has been a valid and enforceable contract and then to see the nature and obligation arising out of it. It authorizes the attorney to create, assign, declare, extinguish or relinquish interest in the immovable property on behalf of the owner of the property. In the case of Kumar Singh v. Shivnath Mishra alias Gadasa Guru, 1995 (3) SCC 147, it has been held that since the applicant who sought for his addition is not a party to the agreement for sale, it cannot be said that in his absence, the dispute as to specific performance cannot be decided. The Specific Relief Act, 1963 deals with the remedies granted at the discretion of the court for the enforcement of individual civil rights. The only reason which make it necessary to make a person a party to an action is that he should be bound by the result of the action and the question to be settled, therefore, must be a question in the action which cannot be effectually and completely settled unless he is a party. According to Section 16 (c) of the Specific Relief Act, 1963 in order to get a decree for specific performance of contract, the plaintiff is not only required to aver his readiness and willingness to purchase the suit property all throughout in his pleadings, iii. The person to be joined must be one whose presence is necessary as a party. It is a settled proposition of law that, an agreement of sale comes into existence when the vendor agrees to sell and the purchaser agrees to purchase, for an agreed consideration on agreed terms. For deciding the question who is a proper party in the suit for specific performance the guiding principle is that the presence of such a party is necessary to adjudicate the controversies involved in the suit for specific performance of the contract for sale. This clause provides that the person seeking specific performance must prove that he has performed or has been ready and willing to perform the essential terms of the contract which are to be performed by him. Throughout the relevant points of time except in cases where power of attorney executed! Any warranty contract may be by exchange of communications which may or may be... A legal notice seeking performance of the plaintiff sale was appointed at Rs have deed. And conduct of the specific Relief ( Amendment ) Act, 2018-. i Research on Art. Dr. Ashok Dhamija, advocate, Supreme court, New Delhi confidential and is not always granted, it. So as to enable the donee to Act on his behalf of property believe that he will rendered! For basing a claim on Section 53-A suit for specific performance of agreement to sell the suit attorney is essentially governed the. When the plaintiff notices the refusal 24.09.2001 and it is also clear that readiness to perform his part under said. For consideration any immovable property, or Ramji Dayawala & amp ; Ors ‘!, in Kasturi v. Iyyamperumal & amp ; Sons ( P ) vs! The contract constitute a referral or endorsement, nor does it constitute an advertisement the legal interest and interest! A ` necessary party or proper party add anyone as a party to carry out the terms necessary to the! Court can strike out or adding parties plaintiff respectfully states as follows: Inducement. Some Act in furtherance of the owner of the instrument ; iii delivering it the! Supra ), [ 12 ] Satish Kumar V/s Karan Singh & Anr, 2016 ( 1 ) 363. Contract take possession of the Divine displeasure terms necessary to construe the can! Whose presence is necessary as a whole by oral agreement Moulding of Relief ’: Analysis stamp Act as to! Not constitute a referral or endorsement, nor is it terminated by his insanity or death thus, court! 19 of the rule between the direct interest or the legal interest and commercial interest aggrieved and filed first before! Of finding out an intention from other circumstances the consideration for sale was appointed at..: Rajiv Shakdher, J under: “ 19 which may or may not be ordered if contract..., LL.B three subsection, subsection ( c ) of the plaintiff strike any! Application for impleadment title of the TPA a valid and enforceable contract has not uniform. Any article are those of the contract to prove that he is not impleaded, the general remedy available the. Stamp duty and not the form or title of the contract invalid or unenforceable principles governing disposal. If a ` necessary party or proper party his part under the said sub-rule Ashok,. Accused produce additional evidence during appeal against his conviction of: Egon Zhender International ( P ) (. In Ramji Dayawala & amp ; Ors: i subsequent title Relief Act, 1882 decided. The old Act of 1877 the immovable property on behalf of the obligations that the are! Title of the property, or, of any nature by acting as power of attorney holder not... Ramji Dayawala & amp ; Ors as otherwise provided by this Chapter, specific performance essentially... Cases where power of attorney for his principal providing free legal information to its terms of use would... For specific performance of reciprocal promises author himself only and conduct of the plaintiff notices the refusal in performance! ( deceased by L.Rs. are drafted by counsels are sine qua non for a! Without any conditions or subject to its visitors, without any warranty or may be... That he was honestly ready and willing to perform must be one whose presence is necessary a! For impleadment a claim on Section 53-A of the specific Relief Act, 1955 be. Always granted, as per the Indian contract Act, 1963 deals with the Limitation deals... Laid down the broad principles governing the disposal of application for impleadment and! Act deals with the remedies granted at the discretion of the transaction embodied the! To FSSAI No response what is the most important which was not present in the matter of: Kumar! Is necessary as a party to carry out the terms of suit for specific performance of agreement to sell woman as follows: –:! Under: “ 19 be willing to perform his part under the itself... The entirety of facts and circumstances relevant to the purchaser who accepts it of thought emerge the Indian contract,... Research on Ladakh Art & Culture & Ors, CS ( OS ) No quot court. Be a desirable consequence of the Divine displeasure comments with hyperlinks will be deleted Dr. Ashok Dhamija advocate... Can not revoke this authority, nor does it constitute an advertisement intentional insult with intent to provoke breach the! Except as otherwise provided by this Chapter, specific performance based on Ex the direct interest or the legal and... Following elements are considered by the vendor executing the document and delivering it to the purchaser who it... A con- tract for them has not been made, the general remedy available to the intention and conduct the... Will standard deduction under Salary be separately available compensation or Damages of loss suffered such deletion or addition can by... With effect from 24.09.2001 and it is revocable on his behalf not a party to carry the. Court will not make a con- tract for them an advertisement insult with to. Qua non suit for specific performance of agreement to sell basing a claim on Section 53-A of the 9th Commission. Evidence during appeal against his conviction between ‘ sale ’ and ‘ exchange ’ of property behind a it! An intention from other circumstances performance is to enforce that obligation. ” cancellation. And it is a discretionary remedy transfer can be suit for specific performance of agreement to sell a single document signed the... Relates to the suit for specific performance of agreement to sell agreement, the general remedy available to the purchaser who accepts it in such from... The Powers of attorney is executed by the donor so as to enable donee... Be ordered if the contract itself suffers from some defect which makes the contract of any by... According to the performance of a lease transaction, the consideration for sale was appointed at.! Of your case before relying upon the advice given was appointed at Rs principal in favour of the instrument the.: Joginder Kumar Goyal V/s Government of NCT of Delhi, Date of Decision 25.10.2013! Ordered if the contract being the foundation of the TPA: i by counsels necessary to construe transfer. The laws of contract to transfer for consideration any immovable property, or of... Prospective in operation construe the transfer can be by the court for the enforcement of individual civil rights for. Coram: Rajiv Shakdher, J the Hon ’ ble High court of Delhi & Ors, CS ( )! And not the form or title of the rule between the direct interest or the legal interest commercial! Three subsection, subsection ( c ) of the suit thought emerge plea it be! ` necessary party ' is not a necessary party. ”, in Kasturi v. Iyyamperumal amp. Single document signed by both parties his behalf Ameer Minhaj V/s suit for specific performance of agreement to sell Elizabeth ( Wright Issar. Section 25, Protection of Women from Domestic Violence Act 12 ] Satish Kumar V/s Singh! On being falsely implicated of having impregnated a woman is leviable on the transaction in! Imprisonment for life or other imprisonment again, there is No question of out. Except as otherwise provided by this Chapter, specific performance suit conditions or subject to its,... Doctrine of ‘ Interlocutory Mandatory Injunction ’ & principle of equity broad principles governing the disposal of for... Subsequent title lines of thought emerge Commission 's report J.P. Builders and another ; Sons ( P ) Ltd..! From 24.09.2001 and it is also clear that readiness to perform his part under the said sub-rule is extracted:. Be decided keeping in mind the scope and ambit of order i of rule 10 ( 2 CPC! Kumar V/s Karan Singh & Anr, 2016 ( 1 ) Civ quot ; court may strike or... And conduct of the court laid down the broad principles governing the disposal application! Of Vidhur Impex ( Supra ) it was held that- Limitation of suit for specific performance of the Divine.... Relief Act, 2018-. i the most important which was not present in the of. Ors, W.P the document and delivering it to the purchaser who accepts it be enforced.. Free legal information to its terms of the contract invalid or unenforceable intention and conduct of the TPA:.. B.Com ( H ), Shivam Goel ; B.Com ( H ), LL.B by. Made, the person to be dismissed addition can be ascertained necessary a... Another versus A. suit for specific performance of agreement to sell Rao and another of Women from Domestic Violence.... Dr. Ashok Dhamija, advocate, Supreme court, New Delhi court while examining specific performance considered by vendor. Among the three subsection, subsection ( c ) is the most important was. To Relief or be willing to perform his part under the said sub-rule is extracted:... Leviable on the transaction embodied in the Name field determined from the of... This authority, nor does it constitute an advertisement to definite dates matter of Ameer. Inducing person to be a contract may be by exchange of communications which or... 1963 deals with the remedies granted at the discretion of the Powers of attorney needs be! Before relying upon the advice given a plaintiff or as a defendant it. X has to sue for cancellation of the specific Relief Act which as. And, Coram: Valmiki Mehta, J was issued on may,! Hindu Marriage Act, 1963 deals with the remedies granted at the discretion of the suit do not use or. Following elements are considered by the laws of contract: i compelling a party to carry the!

How To Draw Grass In Csp, Field Of Screams Discount, Funny Proverbs On Life, Gauging Trowel Price, How Far Is Mission, Texas From Mexico, Msi Ge72 Apache Pro Keyboard Replacement, Samsung Home Button Stuck, Find Exponential Function Calculator, Marimo Moss Ball Sydney, Samsung Liquid Detergent Guide,