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Specific Performance Suit
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INTRODUCTION : Necessity for filing a specific performance suit arises when the other side violates/breaches any clause of an agreement/contract of doing something, as agreed, within specified time.
| SPECIFIC PERFORMANCE SUIT |
| 1. |
Name of Act / Code / Rule
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Specific Relief Act 1963 & Code of Civil Procedure, 1908 |
| 2. |
Name of service required (MAIN RELIEF) |
Performance of agreement / Contract |
| 3. |
Limitation
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when the right to sue first accrues (As per sec Article 58 of Indian Limitation Act
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| 4. |
Description of Service |
To get a direction/ order on the other side to follow the clause in agreement/Contract, like selling the property etc . . . |
| 5. Documents required for the case : |
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| a) |
Original agreement/contract pertaining to the property |
| b) |
Copy of legal notice sent, if any |
| c) |
Postal receipts & acknowledgements, if any |
| d) |
Encumbrance Certificate |
| e) |
Market Value Certificate |
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| 6. |
Time required for filing case
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1 to 2 days, provided all the necessary documents are submitted |
| 7. |
Official court fees to be paid for the case |
As per Court Fee Act |
| 8. Law Firm Expenses (As per Fee Structure) |
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| a) |
Charges for legal notice : |
Rs.2,500 & above |
| b) |
Expenses for filing the case |
To be borne by client |
| c) |
Miscellaneous expenses for filing case |
To be borne by client |
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| 9. Interim Reliefs Available |
| Temporary Injunction |
| a. |
Name of Act / Procedure / Rule |
Order 39 Rule 1 & 2 of Code Of Civil Procedure |
| b. |
Nature of the Case |
Civil |
| c. |
Name of the Service |
Temporary Injunction |
| d. |
Description of Service |
To get a temporary injunction order against other side restraining them from selling the property in dispute to others, etc . . . |
| e. |
Documents required |
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| i) |
Original agreement/contract pertaining to the property |
| ii) |
Copy of legal notice sent, if any |
| iii) |
Postal receipts & acknowledgements, if any |
| iv) |
Encumbrance Certificate |
| v) |
Market Value Certificate |
1 to 2 days, provided all the necessary documents are submitted |
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| f. |
Law Firm Expenses : |
Depends on the case |
| g. |
Expenses for filing the case |
To be borne by Client |
| h. |
Miscellaneous expenses for filing case |
To be borne by Client |
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