Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
Answer: Option C
Solution (By Examveda Team)
Necessary party: This refers to a party whose presence is essential for the court to adjudicate all the issues involved in the case completely and effectively. However, being a necessary party is not specifically related to claiming specific performance.Proper party: This refers to a party who has a direct and substantial interest in the outcome of the suit. In the context of specific performance, the applicant must be a proper party who has a legal right or interest in the contract being enforced.
Neither (A) nor (B): This option is incorrect because the applicant must be a proper party to claim specific performance.
Both (A) and (C): This option is incorrect as it suggests that the applicant must be a necessary party, which is not a requirement for claiming specific performance.
Therefore, a suit for specific performance is claimed when the applicant is a proper party.
This Question Belongs to Law >> Specific Relief Act
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Comments (1)
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A. Section 35
B. Section 36
C. Section 37
D. None of the above
Which of the following statements is wrong? Perpetual injunction
A. Is granted by a decree
B. Can be granted without notice to and hearing the defendant
C. Can never be granted without notice to and hearing the defendant
D. Can be granted on merits only
Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
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
Wrong answer