Specific performance act
sanjaythobde
(Querist) 13 February 2015
This query is : Resolved
Are there any citations for getting a decree under specific performance act when it has not been preyed for but it is the substance of the suit and also plaintiff in his examination in chief stated that he prayed for specific performance of execution of sale deed ?
ajay sethi
(Expert) 13 February 2015
for citations visit Indian kanoon.com
Rajendra K Goyal
(Expert) 13 February 2015
Citation / case law not provided in this section.
sanjaythobde
(Querist) 14 February 2015
Ok but are there any ?
prabhakar singh
(Expert) 14 February 2015
There can not be any because relief not prayed for can not be awarded.
Plaintiff should get relief clause amended.
Advocate Bhartesh goyal
(Expert) 14 February 2015
Until and unless a relief isn't prayed,can not be granted.Get amendment in prayer clause.
sanjaythobde
(Querist) 14 February 2015
Dear Prabhakarji,
I found in some citations the Apex court has observed and stated that,
Absence of the specific words in the plaint would not result in dismissal of the suit if sufficient fact and evidence are brought on record to satisfy the court the readiness and willingness to perform his part of contract.
Also,
I would be slow to throw out a claim on a mere technicality of pleading when the substance of the thing is there and no prejudice is caused to the other side, however clumsily or inartistically the plaint may be worded. In any event, it is always open to a court to give a plaintiff such general or other relief as it deems just to the same extent as if it has been asked for, provided that occasions no prejudice to the other side beyond what can be compensated for in costs.
What you feel about these ?
