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The Specific Relief Act, 1963: page 11

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        (b) any other relief to which he may be entitled, including the refund of any earnest money or
     deposit paid or 1[made by] him, in case his claim for specific performance is refused.
   (2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has
been specifically claimed:
     Provident that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any
stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim
for such relief.
     (3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice
to its powers to award compensation under section 21.
     23. Liquidation of damages not a bar to specific performance.—(1) A contract, otherwise proper to
be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case
of its breach and the party in default is willing to pay the same, if the court, having regard to the terms of
the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of
securing performance of the contract and not for the purpose of giving to the party in default an option of
paying money in lieu of specific performance.
    (2) When enforcing specific performance under this section, the court shall not also decree payment of
the sum so named in the contract.
                                                                                  e
    24. Bar of suit for compensation for breach after dismissal of suit for specific performance.—The
                                                                           od
dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff’s right to sue
for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to
                                                                     aC
sue for any other relief to which he may be entitled, by reason of such breach.
                    ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS
                                                              di
    25. Application of preceding sections to certain awards and testamentary directions to execute
                                                         In
settlements.—The provisions of this Chapter as to contracts shall apply to awards to which 2[the Arbitration
and Conciliation Act, 1996 (26 of 1996)], does not apply and to directions in a will or codicil to execute a
particular settlement.
                                                        CHAPTER III
                                            RECTIFICATION OF INSTRUMENTS
    26. When instrument may be rectified.—(1) When, through fraud or a mutual mistake of the parties,
a contract or other instrument in writing [not being the articles of association of a company to which the
Companies Act, 1956 (1 of 1956), applies] does not express their real intention, then—
          (a) either party or his representative in interest may institute a suit to have the instrument rectified;
     or
         (b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim
     in his pleading that the instrument be rectified; or
        (c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence
     open to him, ask for rectification of the instrument.
    (2) If, in any suit in which a contract or other instrument is sought to be rectified under            sub-
section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention
of the parties, the court may, in its discretion, direct rectification of the instrument so as to express that
intention, so far as this can be done without prejudice to rights acquired by third persons in good faith and
for value.
    (3) A contract in writing may first be rectified, and then if the party claiming rectification has so prayed
in his pleading and the court thinks fit, may be specifically enforced.


1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “made to” (w.e.f. 29-12-1964).
2. Subs. by Act 18 of 2018, s. 12, for “the Arbitration Act, 1940 (10 of 1940)” (w.e.f. 1-10-2018).

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