Can Specific Performance And Injunction Be Sought In The Same Suit?

INTRODUCTION

Specific Performance is mostly sought in case of a breach of contract resulting in damages or losses for one of the parties to the contract. Instead of compensation in lieu of the losses accrued, the aggrieved party may approach the Court in order to enforce a specific part of the contract. As the objective is to restitute the aggrieved party, the aggrieved party may be better restituted if a certain part of the contract is enforced, rather than receiving mere monetary compensation. In India, the position in this regard is covered by the Specific Relief Act, 1963.

The dictionary meaning of injunction as defined in the Black Law's Dictionary¹ is - "A court order commanding or preventing an action - to get an injunction, the complainant must show that there is no plain, adequate, and complete remedy at law and that an irreparable injury will result unless the relief is granted." Regarding the laws related to the issue, the statutory interpretations are