{"id":1052,"date":"2018-04-17T07:53:50","date_gmt":"2018-04-17T07:53:50","guid":{"rendered":"http:\/\/atmateen.com\/?p=1052"},"modified":"2018-04-17T07:53:50","modified_gmt":"2018-04-17T07:53:50","slug":"format-suit-specific-performance","status":"publish","type":"post","link":"https:\/\/atmateen.com\/format-suit-specific-performance\/","title":{"rendered":"Format of Suit For Specific Performance of Contract"},"content":{"rendered":"
Specific performance is a remedy given by the equity and equity courts. It’s also means fulfilling promise made by one party with another. It’s a discretionary relief, so party cannot claim this right a matter of right. In order to claim this remedy party has to convince the court that it does not have any other option but this one. In this post format of suit for specific performance is also provided.<\/p>\n
Note: If you need legal help<\/a> in matter relating to specific performance, then contact us<\/a> or leave a comment with necessary information.<\/strong><\/p>\n According to Doemory, “Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.”<\/p>\n the remedy of specific performance is claimed by the party when he enter into a contract with another to perform some obligation. later on one party breaches the contract and denies to perform it. Here the effecting party has right to go to a court of competent jurisdiction and request court to specially perform the contract as previously agreed by the parties.<\/p>\n The following elements are considered by the court while examining specific performance suit. These are as follows:<\/p>\n The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.<\/p>\n The specific Relief Act, 1877 clearly states in section 12, cases in which a party can claim performance of contract. As already stated that it’s a discretionary right but at the same time court always presume that the breach of contract of immovable property cannot be compensated in term of money. Although it’s a rebutable presumption so party has to established his case while standing on it’s own ground. The cases are as under:<\/p>\n In these circumstances the breach of contract may not be enforced. These are as under;<\/p>\n Section 7 clause (x) of court fee act 1870 states that;<\/p>\n For specific performance.\u2013<\/strong>\u00a0In suits for specific performance\u2013<\/p>\n Here i have provided the reliable draft of suit for specific performance of contract:<\/p>\n IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.<\/strong><\/p>\n In the matter of:<\/p>\n ASR son of AGR resident of H. No. _, Block No. _,___Road near __ Bridge, Tehsil and District Rawalpindi.<\/p>\n \u2026Plaintiff<\/strong><\/p>\n Versus<\/strong><\/p>\n \u2026Defendants<\/strong><\/p>\n SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.<\/strong><\/p>\n Respectfully Sheweth,<\/strong><\/p>\n PRAYER<\/strong><\/p>\n It is therefore, humbly prayed that a decree of suit for specific performance of agreement dated 15-04-2009 may kindly be passed in favor of the plaintiff against the defendant No. 1.<\/p>\n It is further prayed that the defendants may kindly be restrained permanently from transferring the plot No. 556, measuring 250 Sq Yards, situated at St No. __, Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff.<\/p>\n Furthermore, the defendants may also be restrained not to transfer the suit land while making collusion with each others to any person except the plaintiff may kindly be passed in favor of the plaintiff against the defendants.<\/p>\n Any other relief, which this Honorable court deems fit may also be granted.<\/p>\n Plaintif<\/strong><\/p>\n \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Through<\/strong><\/p>\n Counsel<\/strong><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Advocate High Court<\/strong><\/p>\n \u00a0Verification:<\/strong><\/p>\n Verified on Oath on this\u00a0\u00a0 day of Apr 2009, that the contents of the para No. 1 to 10 are true and correct to the best of our knowledge and belief and rest of the paras are believed to be true and correct.<\/p>\n Plaintiff<\/strong><\/p>\n IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.<\/strong><\/p>\n In the matter of:<\/p>\n ASR\u00a0 \u00a0 \u00a0 \u00a0 \u2026Plaintiff<\/strong><\/p>\n Versus<\/strong><\/p>\n Mst. TA etc\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026Defendants<\/strong><\/p>\n SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.<\/strong><\/p>\n APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C<\/strong><\/p>\n Respectfully Sheweth:<\/strong><\/p>\n PRAYER<\/strong><\/p>\n It is therefore, respectfully prayed that ad-interim injunction restraining the defendants from transferring the plot No. __, measuring 250 Sq Yards, situated at St No. __ Category General Phase V, Bahria Town, Rawalpindi to any person except the plaintiff and the defendants may also be restrained not to transfer the suit land while making collusion with each others to any person except the plaintiff may kindly be passed in favor of the plaintiff against the defendants, till the final disposal of the main suit, in the interest of justice.<\/p>\n Petitioner<\/strong><\/p>\n Through<\/strong><\/p>\n \u00a0 \u00a0 Counsel<\/strong><\/p>\n \u00a0 Advocate High Court<\/strong><\/p>\n IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.<\/strong><\/p>\n In the matter of:<\/p>\n ASR\u00a0 \u00a0 \u00a0 \u00a0 \u2026Plaintiff<\/strong><\/p>\n Versus<\/strong><\/p>\n Mst. TA etc\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u2026Defendants<\/strong><\/p>\n SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND PERMANENT INJUNCTION.<\/strong><\/p>\n APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH SECTION 151 C.P.C<\/strong><\/p>\n Affidavit<\/strong><\/p>\n That I, ASR son of AGR resident of H. No.__, Block No.__, __Road near __Bridge, Tehsil and District Rawalpindi do solemnly affirm and declare that the contents of above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Deponent<\/strong><\/p>\n Verified on oath that the deposition is true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Deponent<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" Specific performance is a remedy given by the equity and equity courts. It’s also means fulfilling promise made by one party with another. It’s a discretionary relief, so party cannot claim this right a matter of right. In order to claim this remedy party has to convince the court that it does not have any […]<\/p>\n","protected":false},"author":5,"featured_media":1056,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"image","meta":{"footnotes":""},"categories":[4],"tags":[208,253,551],"blocksy_meta":{"styles_descriptor":{"styles":{"desktop":"","tablet":"","mobile":""},"google_fonts":[],"version":6}},"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/posts\/1052"}],"collection":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/comments?post=1052"}],"version-history":[{"count":0,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/posts\/1052\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/media\/1056"}],"wp:attachment":[{"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/media?parent=1052"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/categories?post=1052"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/atmateen.com\/wp-json\/wp\/v2\/tags?post=1052"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What is Specific Performance?<\/h2>\n
Elements\u00a0Involved In a Suit For Specific Performance<\/h3>\n
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What is The Limitation Period for Specific Performance Suit?<\/h2>\n
Where a Suit For Specific Performance Can Be Enforced?<\/h2>\n
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\na trust;<\/li>\n
\nby non-performance of the act agreed to be done;<\/li>\n
\nnon-performance would not afford adequate relief; or<\/li>\n
\nnon-performance of the act agreed to be done.<\/li>\n<\/ol>\nWhere It Cannot Enforced?<\/h2>\n
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\nadequate relief<\/li>\n
\ndependent on the personal qualifications or volition of the parties, or
\notherwise from its nature is such, that the Court cannot enforce specific
\nperformance of its material terms<\/li>\n
\ncertainty<\/li>\n
\ntheir trust<\/li>\n
\nfor special purposes, or by the promoters of such company, which is in excess
\nof its powers<\/li>\n
\ncontinuous duty extending over a longer period than three years from its
\ndate<\/li>\n
\nboth parties to exist, has, before it has been made, ceased to exist.<\/li>\n<\/ol>\nCourt fee in Suit For Specific Performance<\/h2>\n
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Format of Suit For Specific Performance<\/h2>\n
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