{"id":17308,"date":"2023-11-23T08:51:12","date_gmt":"2023-11-23T03:21:12","guid":{"rendered":"https:\/\/vajiramandravi.com\/current-affairs\/?p=17308"},"modified":"2025-04-05T03:28:33","modified_gmt":"2025-04-04T21:58:33","slug":"suit-for-specific-performance","status":"publish","type":"post","link":"https:\/\/vajiramandravi.com\/current-affairs\/suit-for-specific-performance\/","title":{"rendered":"What is a Suit for Specific Performance?"},"content":{"rendered":"<h2>About Suit for Specific Performance<\/h2>\n<ul>\n<li>Specific performance is a\u00a0remedy developed by the principle of equity.<\/li>\n<li>It is\u00a0dealt with under Specific Relief Act, 1963.<\/li>\n<li>Parties\u00a0to an agreement may insert a specific performance clause\u00a0into\u00a0the contract to protect their interests in the event of a breach of contract\u00a0by either party, especially when the awarding of a monetary award may be deemed inadequate.<\/li>\n<li>A party to a contract\u00a0who is damaged because the contract is breached by another party\u00a0has the option to file a\u00a0suit for specific performance\u00a0compelling him to perform his part of the contract.<\/li>\n<li>Before an equity court will compel specific performance, however, the\u00a0contract must be one that can be specifically performed.<\/li>\n<li>Section 16(c) of the Act envisages that the plaintiff must plead and prove that he has performed or has always been\u00a0ready and willing to perform the essential\u00a0terms of the contract\u00a0that are to be performed by him,\u00a0other than those terms\u00a0whose performance of which has been prevented or waived\u00a0by the defendant.<\/li>\n<li>As the law of specific performance is\u00a0basically founded on equity,\u00a0considerations such as conduct\u00a0of the plaintiff, the\u00a0element of hardship\u00a0that may be caused to one of the parties, the\u00a0availability of adequate alternative relief, and such other matters\u00a0are taken into consideration.<\/li>\n<li>It is a\u00a0discretionary relief. It is\u00a0typically enforced by a court\u00a0when money cannot adequately compensate\u00a0the injured party and when the contractual obligation is unique or difficult to value.<\/li>\n<li>In our country,\u00a0most of the specific performance suits relate to sales of immoveable properties and, to some extent, the transfer of shares.<\/li>\n<li>For example, a contract for the sale of a specific piece of property, from which the owner pulls out, may result in a specific performance order requiring the seller to complete the sale to put the buyer in the position they would have enjoyed if the contract had been honored in the first place.<\/li>\n<\/ul>\n<hr \/>\n<h3>Q1) What is a civil suit?<\/h3>\n<p>A civil suit relates to the legal rights and obligations between two or more persons or institutions. In the event that the parties concerned cannot resolve a dispute themselves, either party may start a civil litigation. This is done in order to seek an independent and impartial tribunal&#8217;s or court&#8217;s determination as to whether one&#8217;s legal rights and obligations are being infringed, and if so, to obtain appropriate compensation and remedy.<\/p>\n<p><strong>Source: <\/strong><a href=\"https:\/\/www.livelaw.in\/supreme-court\/supreme-court-upholds-murder-conviction-transferred-malice-doctrine-section-302-ipc-242786?infinitescroll=1\" target=\"_blank\" rel=\"nofollow noopener\"><u>&#8216;Should Not Have Waited For 13 Years &#8216;: Supreme Court Dismisses Specific Performance Suit Filed In 1999 For Sale Agreement Of 1986<\/u><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Specific performance is a remedy developed by the principle of equity. <\/p>\n","protected":false},"author":5,"featured_media":17309,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":{"0":"post-17308","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-upsc-prelims-current-affairs","8":"no-featured-image-padding"},"acf":[],"_links":{"self":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/17308","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/comments?post=17308"}],"version-history":[{"count":0,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/posts\/17308\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media\/17309"}],"wp:attachment":[{"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/media?parent=17308"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/categories?post=17308"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vajiramandravi.com\/current-affairs\/wp-json\/wp\/v2\/tags?post=17308"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}