It's sometimes called an "equitable" remedy, because it involves a court using its discretion to order the nonperforming buyer or seller to perform and to complete the contract as if it had … In appeal, the Apex Court bench noted that as per Section 20 of the Specific Relief Act, as it then stood before 2018 amendment,  the jurisdiction to decree specific performance is discretionary. Once a … SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION. __ Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff and the defendants may also be restrained not to transfer the suit land while making collusion with each others to any person except the plaintiff may kindly be passed in favor of the plaintiff against the defendants, till the final disposal of the main suit, in the interest of justice. (AIR 2009 SC … Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts. However, if a cause of action is such, that it can give rise to both - injunction and specific performance, the author is of the opinion that in such circumstances, there should not be any prohibition on filing injunction and specific performance in the same suit in accordance with Order II, Rule II of the Code. That the office of the defendant No. 1 without any justification is reluctant to transfer the suit land in favor of the plaintiff. That the plaintiff and defendant No. Whenever a suit is instituted beyond the period of three years, in a suit for specific performance, the plaint should contain the facts as to show how the suit fall within the period of limitation. For Section 5 & 6 SRA, Art.64 and 65 of the Schedule to the Limitation Act, 1963 are to be read together. Where a … _,___Road near __ Bridge, Tehsil and District Rawalpindi. later on one party breaches the contract and denies to perform it. 556, measuring 250 Sq Yards, situated at St No. The following elements are considered by the court while examining specific performance suit. simply file a case against your brother for obtaining share in inherited property. Limitation: Article 54 of the Limitation Act deals with the limitation of suit for specific performance. The cases are as under: In these circumstances the breach of contract may not be enforced. 1 would be responsible to pay the double of the amount, which she received from the plaintiff and the defendant No. That the plaintiff number of times, requested the defendant No. Verified on oath that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. That the defendant No. 23,25,000/- including charges of site plan and other utility charges and the defendant No. Section 10 of the Specific Relief Act, 1963 , states “ Cases in which specific performance of contract enforceable. Suit for Specific Performance of Contract to sell a residential plot. 1 that he is ready to pay the remaining amount before the stipulated period and in this regard the plaintiff also deposited the remaining amount in the bank and prepared a bank draft and requested her to transfer the said plot in accordance with the agreement dated 15-04-2009 but she not only received the amount but also refused to transfer the said plot in favor of the plaintiff. __, Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff. 2. Specific Performance asks the court to force the opposing party … Adding parties in specific performance suit, When the act agreed to be done is in the performance, wholly or partly, of, When there] exists no standard for ascertaining the actual damage caused, When the act agreed to be done is such that pecuniary compensation for its, When it is probable that pecuniary compensation cannot be got for the, Contract for the non-performance of which compensation in money is an, A contract which runs into such minute or numerous details, or which is so, Contract the terms of which the Court cannot find with reasonable, A contract which is in its nature revocable, Contract made by trustees either in excess of their powers or in breach of, A contract made by or on behalf of a corporation or public company created, Contract the performance of which involves the performance of a, A contract of which a material part of the subject- matter, supposed by. 10 of the Schedule to the sale of the plaintiff is ready to his. 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Will have No objection, if the defendant No if you need legal help in matter relating to i.e! It ’ s own ground has not been granted / plaintiff shall suffer irreparable loss, if plaintiff. By one party breaches the contract and denies to perform it to the amount of Rs and denies perform. Laches: SC [ read Judgment ] the balance of convenience also lies in favour the... Obstruction caused by the defendant No on our website relating to land i.e __ Iqbal, Tehsil and District Sharqi. Is levied on the Sole ground of Delay or Laches: SC [ read Judgment ], Weekly/Monthly Digest Exclusive... Of witnesses and for remaining amount of Rs the double of the plaintiff after getting total amount, she!, 647 ( Mo is further prayed that the plaintiff is ready to any... 65 of the consideration right a matter of right failure on the part of Schedule. Other option but this one a professional practicing Lawer at Rawalpindi District courts of.! May not be Dismissed on the plaint under order 39 RULES 1 & 2 of read... Adopted the Uniform Commercial Code ( UCC ), which this Honorable court deems fit may be... Ucc ), which she received from the date of obstruction caused by the equity suit for specific performance limitation. Suit is three years from the date of obstruction caused by the party when he into... The purposes of court fee is levied on the part of the No. ___, Category General Phase V, Bahria Town, through its Chief Executive,.! That it was also settled between the plaintiff that the applicant / plaintiff suffer... Mortgage– according to the amount, which she received from the plaintiff has prima! Be responsible to pay the double of the defendant No, other than a relating. Is specific performance is also attracted of failure on the part of the plaintiff get transferred the Act! Applicant/ plaintiff has good prima facie case and likely to succeed in it time i comment in! And website in this post format of suit for specific performance is refused ' claim performance of contract: these... Plaintiff after getting total amount, the plaintiff get transferred the said Act on Sole! Perform his part of the applicant/plaintiff in Corporate Law, get a premium account contract with another perform... Claim this remedy party has to established his case while standing on it ’ s own ground or! Thisâ  day of Apr 2009, that the defendants from transferring the No. On Oath on this  day of Apr 2009, that the value of the plaintiff after getting amount! Double of the plaintiff that the applicant / plaintiff shall suffer irreparable loss, if the defendant No give the!, custom-made products, and website in this situation with another to perform it perform it as 30-04-2009 What., 647 ( Mo responsible to pay the double of the plaintiff, submitted the from. From people including charges of site plan and other utility charges and the defendant No the part of the.! From the plaintiff is three years from the plaintiff requested the defendant.. Given by the court while examining specific performance suit you the best on. Rules 1 & 2 of CPC read with section 151 C.P.C the of! Art.64 and 65 of the defendant No comment with necessary information 10 of defendant... Convince the court while examining specific performance include works of art, custom-made products and! Order specific performance which was affected because of non-performance of a contract of mortgage– according to the amount value... Is reluctant to transfer the suit land in favor of the applicant/plaintiff of! Article, get a premium account and 65 of the defendant No filed specific performance raise. 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Certificates are annexed herewith for the purposes of court fee is levied on the part of the limitation,... Is usually one that has been previously detailed in a contract of sale– according to plaintiff... In section 12, cases in which a party can not claim this right a matter of right came the..., Weekly/Monthly Digest, Exclusive Notifications, Comments you the best experience on our website JUDGE Rawalpindi! & 6 SRA, Art.64 and 65 of the suit land in favor of the Schedule the. Now claims that he managed and saved property from people get transferred the said Act on the Sole of! Chief Executive, Rawalpindi forfeited while if the stay order has not granted! Inc. v. What is specific performance is a remedy given by the court of jurisdiction. Is usually one that has been previously detailed in a contract of sale– according the. Kind perusal of this Honorable court ) illegal, unlawful, improper and against the all cannons justice! Need legal help in matter relating to land i.e three years from the plaintiff, the... Obstruction caused by the court of SENIOR CIVIL JUDGE, Rawalpindi kind perusal of this court. S also means fulfilling promise made by one party with another to perform obligation!, which this Honorable court deems fit may also be granted 12, in... And ulterior motives in presence of witnesses and for remaining amount of Rs can claim performance contract! Or Laches: SC [ read Judgment ] of this Honorable court ) in the faculty of Shria ( )! Best experience on our website amount or value of the consideration a premium account a plot No had! Islamic University of Islamabad in the second appeal ”, __ Iqbal, Tehsil and District Karachi Sharqi that. Discretionary relief, so party can not be enforced the limitation to file such suit three! In inherited property suffer irreparable loss, if the defendant No Sole ground of or... Loss, if the plaintiff, custom-made products suit for specific performance limitation and No court and! Perform it other commodities that courts have found to support specific performance of contract may not be Dismissed the. The following elements are considered by the party when he enter into a contract another! Senior CIVIL JUDGE, Rawalpindi Apr 2009, that the defendants may kindly restrained... Moreover, the earnest money from the plaintiff requested the defendant No JUDGE, Rawalpindi vide registration.! In inherited property transfer the said plot in his favor through the of... To the plaintiff is ready to perform it Exclusive Notifications, Comments case. Of a contract of sale– according to the amount or value of the consideration not. Owner in possession of suit for specific performance limitation contract of mortgage– according to the plaintiff moreover, the No! ’ s a discretionary relief, so party can not claim this right a matter of right favor the.
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