How to seek Specific Performance of a Contract

How to seek Specific Performance of a Contract


  • If one party breaches the contract, the other side can file a suit for specific performance

Specific Performance is granted under the Specific Relief Act, 1963 Adv. Aditya Pratap

The Procedure for seeking Specific Performance of a Contract

Here is the procedure for seeking specific performance of a Contract:

Specific performance is sought in the event of a breach of contract. Specific Performance can be obtained by filing a suit under Section 10 of the Specific Relief Act, 1963. According to Section 10 a court can, in its discretion, award specific performance if:

1. Non-peformance of the contract would cause great harm for which monetary compensation would be no substitute;

2. There exists no standard to ascertain the actual damage the affected party (one who seeks enforcement) would suffer on account of non-performance of the contract.



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