1[14. Contracts not specifically enforceable.—The following contracts cannot be specifically enforced, namely:—
(a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;
(b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;
(c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and
(d) a contract which is in its nature determinable.
Amendment notes
- Subs. by Act 18 of 2018, s. 5, for section 14 (w.e.f. 1-10-2018).
Text of the Specific Relief Act, 1963 (Act No. 47 of 1963), as amended up to the Specific Relief (Amendment) Act, 2018. Source: India Code, Government of India.
Four kinds of contract cannot be specifically enforced. Under clause (a), a contract where a party has obtained substituted performance under section 20. Under clause (b), a contract involving a continuous duty that the court cannot supervise. Under clause (c), a contract so dependent on the parties' personal qualifications that the court cannot enforce its material terms. Under clause (d), a contract that is in its nature determinable. The 2018 amendment substituted this section. Clause (a), which refers to substituted performance under section 20, is part of that substituted text.
