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    Question

    Under Section 10 of the Specific Relief Act, 1963 (as

    amended in 2018), what is the general principle regarding granting of specific performance?
    A Specific performance is at court's absolute discretion, rarely granted Correct Answer Incorrect Answer
    B Specific performance should be granted in all cases where damages are claimed Correct Answer Incorrect Answer
    C Specific performance is the primary remedy and should be granted unless exceptions apply Correct Answer Incorrect Answer
    D Specific performance is granted only when plaintiff has suffered irreparable harm Correct Answer Incorrect Answer
    E Specific performance cannot be granted for monetary obligations Correct Answer Incorrect Answer

    Solution

    The Specific Relief (Amendment) Act, 2018, introduced Section 10 establishing that specific performance should ordinarily be granted to all parties seeking enforcement, subject only to exceptions in Sections 11 (where adequate compensation is available), 14 (where contract terms are uncertain), and 16 (where hardship is disproportionate). This represents a paradigm shift from treating specific performance as discretionary to treating it as the standard remedy. The amendment reduces judicial discretion and increases contractual certainty. Courts must now grant specific performance unless specific exceptions apply, aligning with modern contract law principles. However, practical constraints (e.g., supervision difficulties, personal contracts) still limit specific performance availability.

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