Section 28. Specific verformance of a contract cannot be

28. Specific verformance of a contract cannot be enforced 'Laga,iiinstLa party thcreto ill a,ny of the follo~v- follo~ving cases :-- enforced 'Laga,iiinstLa party thcreto ill a,ny of the follo~v- follo~v- (a) if tllc consideration to bc rcccivcd 1)p llim is so grossly inadequate, with reference to the state of things existing at the date of the contract, as to be cither by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff ; (bj if his assent was obtained by the misrepresentation (whether wilful or innocent), concealment, circumvention or unfair practices, of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled ; (c) if his assent mras given undcr the influence of mistake of fact, misapprehension or surprise : Provided that, when thc contract provides for compensation in case of mistake, compensation may be made for a mistake within the scope of such provision, and the contract =a7 be specifically enforced in other respects if proper to be so enforced. to clause (c).-A, one of two executo~s, in the erroneous belief that he had tlie authority of his co-executor, euters into an agreement for the sale to B of his testator's property. B cannot insist on the sale beiug completed. A afterwards A directs an auctioneer to sell certain land. A afterwards revokes the auctioneer's authority as to 20 bighis of this laud, but the auctioneer inadvertently sells the whole to B, who has not notice of the revocation. B cannot enforce specific performance of the agreement. (i). The efect of dismisshg a Suit for speci$c Pevformamce. 29. The dismissal of a suit for specific performance Bar of suit of a contract or part thereof shall bar the plaintiff's f&y;h right t o sue for compensation for the breach of such contract or part, as the case may be. (i). AWOI-ds and Directions to execute Xettlellze?zts.