Specific Relief Act

Templates•6 documents available

Download Specific Relief Act templates: suits for specific performance (land, goods, agreement to sell) and reinstatement with back wages, plus drafting tips and FAQs.

Suit For Reinstatement By Specific Performance And Arrears Of Back Wages Or SalaryRTF

Suit For Specific PerformanceRTF

Suit For Specific Performance For Purchase Of Land By Vendee For DamagesRTF

Suit For Specific Performance Of Agreement To SellRTF

Suit For Specific Performance Of Purchasing LandRTF

Suit For Specific Performance To Sell Goods Agreed To Be SoldRTF

Quick Overview

This Specific Relief Act directory offers India-focused plaint templates to enforce contracts—covering general specific performance, agreement to sell, land purchase scenarios (including damages), sale of goods, and a specialized draft on reinstatement with back wages. Built for litigants and counsel, the collection reflects the 2018 shift making specific performance the default remedy subject to statutory exceptions, and guides essential pleadings like readiness and willingness, property particulars, and appropriate reliefs.

All templates are provided for reference and should be reviewed by legal professionals before use.

Frequently Asked Questions

Common questions about Specific Relief Act legal templates

What is a suit for specific performance under the Specific Relief Act?

It seeks a court order compelling a party to perform a contractual obligation—commonly used for property sales or unique goods when monetary damages are inadequate.

Which documents are included on this page?

Draft plaints for: specific performance (general), agreement to sell, purchasing land, purchase of land by vendee with damages, sale of goods agreed to be sold, and reinstatement with back wages via specific performance.[current directory]

How did the 2018 amendment change specific performance?

Specific performance became the norm: courts shall enforce it subject to Sections 11(2), 14, and 16, reducing discretion and narrowing refusal grounds.

What contracts cannot be specifically enforced?

Section 14 excludes: substituted performance elected cases, contracts with continuous duties courts cannot supervise, contracts dependent on personal qualifications, and determinable contracts.

What are personal bars to relief?

Under Section 16, a plaintiff must show readiness and willingness and clean conduct; failure can bar specific performance despite contract validity.

What is substituted performance under Section 20?

The aggrieved party may get a third party to perform after 30+ days’ notice and recover costs; choosing this typically bars specific performance thereafter.

Can specific performance compel employment reinstatement?

Contracts of personal service are generally not specifically enforceable; reinstatement via specific performance is restricted, with narrow exceptions in public law contexts.

What must a plaint for specific performance of land purchase include?

Precise property description, title chain facts, consideration and payment timeline, plaintiff’s readiness/willingness, encumbrance disclosures, and relief for execution/registration and possession.

When is specific performance of goods appropriate?

For specific or ascertained goods where damages are inadequate—seek decree directing delivery per contract terms.

Does the 2018 amendment apply retrospectively?

Courts have treated the amendment as prospective in effect, with continuing debate in scholarship on its applicability framework.