Can you claim damages in a suit for specific performance when no such prayer of damages stated in the plaint?

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Shubham Budhiraja

(ACS, LLB, BCOM H))

Shubhambudhiraja02@gmail.com



A and B enter into a collaboration agreement, the contract terminated by B. That A filed suit for specific performance against B seeking specific performance and perpetual injunction. The district court and High Court held that specific performance cannot be granted as it is a continuous contract but allowed perpetual injunction. The Supreme disallowed A's plea of getting damages because as per section 21(5) of specific relief act, damages cannot be asked unless pleaded in plaint.[1]

 

(I)                 In Shamsu Suhara Beevi v. G. Alex and Another(2004) 8 SCC 569, the Court referred to the Law Commission of India’s recommendation that in no case the compensation should be decreed, unless it is claimed by a proper pleading. However, the Law Commission was of the opinion that it should be open to the plaintiff to seek an amendment to the plaint, at any stage of the proceedings in order to introduce a prayer for compensation, whether in lieu or in addition to specific performance. In the said case no claim for compensation for breach of agreement of sale was claimed either in addition to or in substitution of the performance of the agreement.

 

(II)               Admittedly, there was no amendment to the plaint asking for compensation either in addition or in substitution of the performance of an agreement of sale.

 


[1] Civil Appeal No. 3127 of 2009, Universal Petro Chemicals Ltd v. B. P. PLC and Others, 18/02/2022

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