📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!


    Question

    Under the Specific Relief Act, 1963, Section 16 bars

    specific performance when:
    A The plaintiff himself has not performed his part of the contract Correct Answer Incorrect Answer
    B The contract terms are uncertain Correct Answer Incorrect Answer
    C There has been unreasonable delay by plaintiff Correct Answer Incorrect Answer
    D All of the above Correct Answer Incorrect Answer
    E Only when damages are adequate remedy Correct Answer Incorrect Answer

    Solution

    Section 16 of the Specific Relief Act, 1963 enumerates absolute bars to specific performance: (a) plaintiff's non-performance, (b) uncertain contract terms requiring court construction, (c) unreasonable delay prejudicing defendant, (d) personal service contracts, and (e) hardship disproportionate to defendant. These ensure equity and practicality in granting discretionary relief.

    Practice Next
    ask-question