Examveda
Examveda

Dismissal of the suit of the plaintiff seeking injunction by virtue of section 40 of the Specific Relief Act, 1963

A. Does not bar the plaintiff to sue for damages for the breach for which the injunction was sought

B. The plaintiff can sue for damages for the breach for which the injunction was sought only with the permission of the court

C. Bars the plaintiff to sue for damages for the breach for which the injunction was sought

D. Either (B) or (C)

Answer: Option C


This Question Belongs to Law >> Specific Relief Act

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Related Questions on Specific Relief Act

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A. In a contract, where plaintiff has been given an unfair advantage over the defendant

B. In a case where the contract is not enforceable at the instance of the other party

C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff