Code: Section 29 – The Specific Relief Act
Section 29.
A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.
Explanation of Section 29 – The Specific Relief Act
Overview
Section 29 of The Specific Relief Act provides an alternative remedy for plaintiffs who seek specific performance of a contract but may not succeed in enforcing the contract as written. In such cases, the plaintiff can alternatively pray for rescission of the contract. If the court finds that specific performance cannot be granted, it can order the contract to be rescinded and delivered up for cancellation.
Key Provisions
- Alternative Prayer for Rescission: A party (plaintiff) who is seeking the specific performance of a contract can also request, as an alternative, that the contract be rescinded and cancelled, in case the specific performance is not possible.
- Court’s Discretion: If the court determines that the specific performance of the contract is not feasible, it has the authority to order rescission of the contract and require the contract to be delivered up for cancellation.
- Rescission as an Option: This provision gives the plaintiff an additional legal option in situations where specific performance cannot be granted, ensuring that the plaintiff is not left without a remedy.
Illustration
Example 1: Alternative Prayer for Rescission
A buyer sues a seller for specific performance of a contract for the purchase of a property. However, due to certain legal issues, the court finds that specific performance cannot be enforced. In this case, the buyer, who has prayed for rescission as an alternative, can now seek that the contract be rescinded and returned to the seller for cancellation.
Example 2: Rescission of an Invalid Contract
A seller attempts to sue for the specific performance of a contract involving the sale of goods, but the court finds that the contract is unenforceable due to certain defects. The plaintiff, who has requested rescission in the alternative, will have the contract rescinded, allowing the goods to be returned and any payments refunded.
Common Questions and Answers on Section 29 – The Specific Relief Act
1. What is the purpose of the alternative prayer for rescission under Section 29?
- Answer: The alternative prayer allows a plaintiff to seek rescission of the contract if specific performance is not possible. This provides an additional remedy for the plaintiff, ensuring that they are not without recourse if the specific performance cannot be granted.
2. Can a party request both specific performance and rescission in the same suit?
- Answer: Yes, a party can request specific performance as the primary remedy and rescission as an alternative in case the court refuses to grant specific performance.
3. What happens if the court decides that specific performance cannot be granted?
- Answer: If the court determines that specific performance cannot be granted, it may order the contract to be rescinded and delivered up for cancellation, as per the alternative prayer.
4. Can the court dismiss a suit for specific performance but still grant rescission?
- Answer: Yes, the court may refuse to enforce the contract specifically, but still grant rescission, canceling the contract and returning the parties to their original positions.
Conclusion
Section 29 of The Specific Relief Act ensures that a plaintiff seeking specific performance of a contract has a viable alternative remedy—rescission of the contract—if specific performance cannot be granted. This provision offers flexibility in legal recourse, allowing the plaintiff to seek an alternative form of relief and ensuring justice is served even when specific performance is not possible.
