Repealed or not in force · As amended up to 2026-08
23. M7ho may obtain specific performance.
- (e). 301. whom Contracts cannot be spec$caZly enforced.
24. Personal bars to the relief.
23. Except as otherwise provided by this chap- WIIO may ter, the specific performance of a contract may be ;::;.;;;) obtained by- awe.
awe.
(61.) any party thereto ;
(b) the representative in interest, or the principal, of any pa,rty thereto : provided that, where the learning, skill, solvency or any persoiial quality of sucli party is `it` material ingredient in the contract, or where the contract provides that his intercst shall not be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contract, unless wheYe his part thereof has already been performed ;
(c) where the contract is a settlement on malariage, or a cornprofiiise of doubtful rights between members of the same family, any person beneficially entitled thereunder ;
(d) where the contract has been entered into by a tenant for life in due exercise of a power, the remdnderman ;
(s) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant ;
( f ) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and mill sustdn material injury by rcason of its breach;
(g) when a public company has entered into a contract and subsequently becomes amalgamated with another p ~ ~ b l i c company, the new company which arises out of the amalgamation ;
(72) when the promoters of a public company have, before ils incorporation, entered into a contract for the purposes of tlic company, a d such contract is
22
Spem3c Relief.
[ACT `I`
marrtlnted by tlie terms of the incorporatioii, tlie company.
Personal bars to the relief.
Source: India Code