Specific Relief Act (SRA)
Power of the Court to Engage Experts: Section 14A
The 2018 Amendment did not only widen specific performance; it gave the court a new tool to make the wider remedy workable. Once building and development contracts became enforceable, courts needed help with technical questions: is the work defined, has it been done to specification, what is a fair value for an unperformed part? Section 14A, newly inserted, lets the court engage its own expert to answer such questions. This note explains when the power arises, how the expert works, and how it differs from a party's expert and from a commission under Order XXVI of the Code of Civil Procedure.
Figure: Section 14A: engaging the expert, gathering material, report and examination, and questioning and payment
1. The Provision
Section 14A in outline ▪ The power. In any suit under the Act, where the court considers it necessary to get the opinion of one or more experts on a specific issue involved in the suit, it may engage such experts and direct them to report to it. ▪ Access to material. The court may require the expert to be furnished with any relevant information or documents, and to be given access to any relevant goods, property or thing about which the opinion is sought. ▪ The report on record. The expert's report forms part of the record of the suit; the court, or a party with the court's permission, may examine the expert personally in open court. ▪ Fees. The court fixes the fees, costs and expenses of the expert, and directs who is to pay them. |
2. How the Power Works: Step by Step
The four stages ▪ Engage. The court, needing an opinion on a specific technical issue, appoints one or more experts and directs a report. ▪ Gather. The expert is given the information, documents and access to the property or goods necessary to form the opinion. ▪ Report and examine. The report becomes part of the record; the expert may be examined in open court by the court or, with permission, by a party. ▪ Question and pay. A party may cross-examine the expert; the court settles the expert's fees and who bears them. |
3. Court-Appointed Expert and Party Expert Compared
Basis | Section 14A expert | A party's expert witness |
|---|---|---|
Who appoints | The court, on its own view of necessity | A party, to support its own case |
Whom he serves | The court, to inform its decision | The party who called him |
Status of the report | Part of the record of the suit | Evidence led by that party |
Cross-examination | Open to the parties in court | Open to the opposing party |
4. Section 14A and Order XXVI CPC
- Order XXVI provides generally for commissions to examine witnesses, make local investigations, or examine accounts.
- Section 14A is a purpose-built power for the technical questions that specific relief now raises: the definition and feasibility of works, whether performance conforms to the contract, and the valuation of an unperformed part.
- They can work together. Section 14A does not displace Order XXVI; it adds a focused power tailored to specific-performance suits, especially those involving construction and development.
5. Frequently Asked Questions
Q. When can a court engage an expert under Section 14A?
A. In any suit under the Act, where the court thinks it necessary to get an expert opinion on a specific issue involved in the suit.
Q. Does the expert's report become evidence?
A. It forms part of the record of the suit, and the expert may be examined in open court by the court or, with the court's permission, by a party.
Q. Can a party cross-examine the court's expert?
A. Yes. A party may cross-examine the expert on his report and on matters within his knowledge.
Q. Who pays the expert?
A. The court fixes the expert's fees, costs and expenses and directs who is to pay them.
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