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Bare Act · Specific Relief Act, 1963 · Part II, Chapter II
19

Relief against parties and persons claiming under them by subsequent title.

Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against—

(a)either party thereto;

(b)any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

(c)any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;

1[(ca)when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation.]

(d)when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation;

(e)when the promoters of a company have, before its incorporation, entered into a contract for the purpose of the company and such contract is warranted by the terms of the incorporation, the company:

Provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.

2[Substituted performance of contracts, etc.]

Footnotes (from the official text)

1 Ins. by Act 18 of 2018, s. 8 (w.e.f. 1-10-2018).

2 Subs. by s. 9, ibid., for “Discretion and powers of Court”(w.e.f. 1-10-2018).

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