Specific Relief Act (SRA)
Limitation, Pleadings and Procedure in Specific-Relief Suits
Substantive rights are of no use if the suit is out of time, badly framed, undervalued or filed in the wrong court. This note gathers the procedural frame of a specific-relief suit: the limitation periods, the cause of action, the pleadings and parties, the court fee and valuation, jurisdiction, interim relief, and the execution of a decree of specific performance. It draws on the Limitation Act, the Court Fees Act and the Code of Civil Procedure as they bear on the reliefs under the Specific Relief Act.
Figure: Limitation at a glance, the cause of action, pleadings and parties, court fee and jurisdiction, and interim relief and execution
1. Limitation
Relief | Article | Period and starting point |
|---|---|---|
Specific performance | Article 54 | Three years, from the date fixed for performance, or, if none is fixed, when the plaintiff had notice that performance was refused |
Cancellation of an instrument | Article 59 | Three years, from when the facts entitling the plaintiff to have it cancelled first become known to him |
Declaratory decree | Article 58 | Three years, from when the right to sue first accrues |
Possession on title | Article 65 | Twelve years, from when the defendant's possession becomes adverse to the plaintiff |
Summary possession, s. 6 | Section 6 SRA | Six months from dispossession, and not against the Government |
2. The Cause of Action
- When it arises. On the defendant's refusal or failure to perform on the date fixed, or within a reasonable time where none is fixed.
- What the plaint must show. The agreement and its terms, the plaintiff's readiness and willingness, and the defendant's breach; the cause of action determines both limitation and the frame of the suit.
3. Pleadings and Parties
Framing the suit ▪ Plead the essentials. The agreement, its terms, the plaintiff's continuous readiness and willingness (Section 16(c)), and the breach. ▪ Necessary parties. Those without whom no effective decree can pass, such as the seller and any subsequent purchaser against whom relief is sought. ▪ Proper parties. Those whose presence helps a complete adjudication, though a decree could pass without them. ▪ Alternative reliefs. Rescission (Section 29), refund of earnest money (Section 22), and compensation (Section 21) should be claimed in the plaint. ▪ Amendment. The court may allow the plaint to be amended at any stage, on just terms, to add a claim for compensation, refund or rectification. |
4. Court Fee, Valuation and Jurisdiction
The money and forum questions ▪ Specific performance. Court fee is computed on the consideration, that is, the sale price set in the agreement. ▪ Cancellation. The executant of an instrument pays an ad valorem fee on the value of the instrument; a non-executant seeking a mere declaration that it does not bind him pays a fixed fee. ▪ Declaration. A fixed fee for a bare declaration; ad valorem where consequential relief such as possession is claimed. ▪ Jurisdiction. Territorial jurisdiction lies where the immovable property is situated; pecuniary jurisdiction is fixed by the valuation of the suit. |
5. Interim Relief and Execution
- Interim injunction. A temporary injunction under Order XXXIX, Rules 1 and 2 of the Code, often to restrain alienation of the property during the suit, so the decree is not defeated.
- Execution of the decree. A decree for specific performance is executed by the court executing the conveyance if the judgment-debtor does not, under Order XXI, Rule 34 of the Code.
- How it works. The court signs and registers the sale deed in the defendant's place, and delivers possession where the decree so provides, so the buyer obtains a good title and possession.
6. Frequently Asked Questions
Q. What is the limitation for a specific-performance suit?
A. Three years under Article 54, from the date fixed for performance, or, if none is fixed, from when the plaintiff had notice that performance was refused.
Q. How is court fee calculated in a specific-performance suit?
A. On the consideration, that is, the sale price set in the agreement. Cancellation and declaration follow their own rules, with the executant of an instrument paying ad valorem.
Q. How is a decree for specific performance executed if the seller refuses to sign?
A. Under Order XXI, Rule 34 of the Code of Civil Procedure, the court executes and registers the conveyance in the seller's place, and delivers possession where the decree provides.
Q. Can the plaint be amended to add a claim for compensation?
A. Yes. The court may allow amendment at any stage, on just terms, to add compensation, refund or rectification, as Sections 21 and 22 contemplate.
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