Introduction
The Specific Relief Act, 1963 provides the legal mechanism for
contract enforcement in India. The law, as it stands today,
proceeds on the footing that the party suffering from breach of a
contract is entitled to compensation for loss and consequential
damages and it is rare for the courts to enforce specific
performance of the contract in favour of such a party.
Taking into account the dismal rating of India under
"Enforcing Contracts" at the Ease of Doing Business
Report compiled by the World Bank, the Legislature has decided to
improve and amend the statutory framework through The Specific
Relief (Amendment) Bill, 2017. The Amendment seeks to make specific
performance a norm rather than an exception by taking away the
discretionary powers of the court to allow specific performance. As
per the amendment, the court shall allow specific performance
except under certain circumstances. One of the circumstances where
no specific performance of the
