SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT 1. Specific performance refers to fulfilling of contract as agreed by both parties. 2. Any party who has suffered a loss because of a breach of contract or non-performance of a contract on part of another party can file a suit for specific performance. 3. Equity courts provide the relief of specific performance which was affected because of non-performance of a contract as agreed. The court does not consider this as a right of the plaintiff but an alternative to awarding damages. The court provides a specific performance order at its discretion. SUIT FOR SPECIFIC PERFORMANCE 4. Section 16(c) of the Specific Relief Act puts the burden on the plaintiff to prove that he had performed his part or will perform as agreed by both parties in the contract. This clause emphasizes the ‘readiness and willing’ of the plaintiff and is the most important part of...
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