Code: Section 24 – The Specific Relief Act
“The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff’s right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of such breach.”
Explanation of Section 24 – The Specific Relief Act
Section 24 of The Specific Relief Act highlights the relationship between a suit for specific performance and a suit for compensation. If a suit for the specific performance of a contract is dismissed, the plaintiff loses the right to claim compensation for the breach of the contract or part of it.
However, the dismissal of the suit does not prevent the plaintiff from seeking any other relief they may be entitled to because of the breach. This allows the plaintiff to pursue other legal remedies that might be available based on the circumstances of the case, excluding compensation for breach.
Key Points:
- Bar on Compensation: If the plaintiff’s suit for specific performance is dismissed, they cannot sue for compensation related to the breach of the same contract.
- Other Reliefs Not Barred: While compensation for breach is barred, the plaintiff can still seek other remedies, such as damages or injunctions, provided they are valid under the breach.
Illustration
Example 1: Dismissal of Specific Performance Suit
Mr. A sues for the specific performance of a contract to sell land to him. The Court dismisses his claim. Following the dismissal, Mr. A cannot file a suit for compensation for the breach of contract (i.e., for not being sold the land). However, if he has another claim, such as claiming damages for losses incurred due to the breach, he may still pursue that.
Example 2: Right to Seek Other Relief
Mrs. B sues for specific performance of a contract involving the delivery of a rare painting. The suit is dismissed. While she cannot sue for compensation, Mrs. B could potentially seek other relief, such as an injunction to prevent further sales of the painting.
Common Questions and Answers on Section 24 – The Specific Relief Act
1. What happens if my suit for specific performance is dismissed?
- Answer: If your suit for specific performance is dismissed, you lose the right to claim compensation for the breach of that contract. However, you may still be entitled to seek other forms of relief, such as damages or injunctive relief, depending on the situation.
2. Can I still sue for damages after my suit for specific performance is dismissed?
- Answer: Yes, you can pursue other remedies like damages or other forms of relief, but not compensation for the breach of the specific performance contract.
3. Does this apply to every type of breach?
- Answer: The bar on compensation applies only to the breach of the specific contract for which specific performance was sought. It does not preclude other legal actions arising from the breach.
Conclusion
Section 24 of the Specific Relief Act ensures that while a dismissed suit for specific performance bars the plaintiff from claiming compensation for breach, it does not strip the plaintiff of all legal remedies. Other reliefs, such as damages, may still be available, depending on the breach’s circumstances and the relief sought. This section creates a balance between enforcing specific performance and allowing flexibility for plaintiffs to pursue alternative legal avenues.
