Different between specific performance suit and normal civil suit
Querist :
Anonymous
(Querist) 24 September 2011
This query is : Resolved
1)Is there any different between Specific performance suit and normal civil suit?
Sailesh Kumar Shah
(Expert) 24 September 2011
read the Specific relief act and The cpc for difference. If you have specifically query, i shall to give answer.
ajay sethi
(Expert) 24 September 2011
.in specific performance suit plaintiff files suit seeking posession of immoveable property ,njunction restraining defendant from alienating property etc .
civil suit is filed to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes
prabhakar singh
(Expert) 24 September 2011
All Suits are normal,if found abnormal,the court will reject it even before trial.
So i would not prefer to distinguish suits as normal and abnormal.
Any suit shall lie if it is covered under section 9 of C.P.C.and such jurisdiction is not expressly barred by any special enactment.
The specific relief Act gives power to court to grant specific reliefs based on principals of equity.
Reliefs by courts can be granted under several enactments,such as under Contract Act,Sales of goods Act,partnership Act,and many more.The list is endless to count.
Besides it there may be cases of tortuous liability also for which a relief can be granted.
ALL THESE SUITS INCLUDING ONE FOR SPECIFIC PERFORMANCE CAN BE CALLED ONLY AND ONLY civil suits.
Raj Kumar Makkad
(Expert) 24 September 2011
Specific performance suit arises of out of violation/refusal of either of contracting party in receipt of part performance by other party whereas civil suit is a bigger concept which even includes suit for specific performance and all other suit wherein a party claims its legal right against the opposite party.
Querist :
Anonymous
(Querist) 24 September 2011
I Thanking all the Experts for the need full help.
Guest
(Expert) 27 September 2011
Agree with experts.
