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The Specific Relief Act, 1963: page 9

The Specific Relief Act, 1963, India Code delivered snapshot 6785305b261cbbde, physical page 9. Unreviewed extraction.

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         (b) where the object of the parties was to produce a certain legal result which the contract as framed
     is not calculated to produce;
          (c) where the parties have, subsequently to the execution of the contract, varied its terms.
    19. Relief against parties and persons claiming under them by subsequent title.—Except as
otherwise provided by this Chapter, specific performance of a contract may be enforced against—
          (a) either party thereto;
         (b) any other person claiming under him by a title arising subsequently to the contract, except a
     transferee for value who has paid his money in good faith and without notice of the original contract;
        (c) any person claiming under a title which, though prior to the contract and known to the plaintiff,
     might have been displaced by the defendant;
          1
          [(ca) when a limited liability partnership has entered into a contract and subsequently becomes
     amalgamated with another limited liability partnership, the new limited liability partnership which
     arises out of the amalgamation.]
         (d) when a company has entered into a contract and subsequently becomes amalgamated with
     another company, the new company which arises out of the amalgamation;
         (e) when the promoters of a company have, before its incorporation, entered into a contract for the
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     purpose of the company and such contract is warranted by the terms of the incorporation, the company:
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    Provided that the company has accepted the contract and communicated such acceptance to the other
party to the contract.
                                      2
                                                                     aC
                                          [Substituted performance of contracts, etc.]
     3
                                                              di
     [20. Substituted performance of contract.—(1) Without prejudice to the generality of the provisions
                                                         In
contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon by the parties,
where the contract is broken due to non-performance of promise by any party, the party who suffers by
such breach shall have the option of substituted performance through a third party or by his own agency,
and, recover the expenses and other costs actually incurred, spent or suffered by him, from the party
committing such breach.
     (2) No substituted performance of contract under sub-section (1) shall be undertaken unless the party
who suffers such breach has given a notice in writing, of not less than thirty days, to the party in breach
calling upon him to perform the contract within such time as specified in the notice, and on his refusal or
failure to do so, he may get the same performed by a third party or by his own agency:
   Provided that the party who suffers such breach shall not be entitled to recover the expenses and costs
under sub-section (1) unless he has got the contract performed through a third party or by his own agency.
    (3) Where the party suffering breach of contract has got the contract performed through a third party or
by his own agency after giving notice under sub-section (1), he shall not be entitled to claim relief of specific
performance against the party in breach.
   (4) Nothing in this section shall prevent the party who has suffered breach of contract from claiming
compensation from the party in breach.
     20A. Special provisions for contract relating to infrastructure project.—(1) No injunction shall be
granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified
in the Schedule, where granting injunction would cause impediment or delay in the progress or completion
of such infrastructure project.




1. Ins. by Act 18 of 2018, s. 8 (w.e.f. 1-10-2018).
2. Subs. by s. 9, ibid., for “Discretion and powers of Court”(w.e.f. 1-10-2018).
3. Subs. by s. 10, ibid., for section 20 (w.e.f. 1-10-2018).

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