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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Specific Relief Act, 1963 · Chapter II: Specific Performance Of Contracts

Section 16 Specific Relief Act: Personal bars to relief

Bare Act text

16. Personal bars to relief.—Specific performance of a contract cannot be enforced in favour of a person—

2[(a) who has obtained substituted performance of contract under section 20; or]

(b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or

(c) 3[who fails to prove] that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant.

Explanation.—For the purposes of clause (c),—

(i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court;

(ii) the plaintiff 4[must prove] performance of, or readiness and willingness to perform, the contract according to its true construction.

Amendment notes

  1. Subs. by Act 18 of 2018, s. 7, for clause (a) (w.e.f. 1-10-2018).
  2. Subs. by Act 18 of 2018, s. 7, for “who fails to aver and prove” (w.e.f. 1-10-2018).
  3. Subs by Act 18 of 2018, s. 7, for “must aver” (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.

In simple words

Specific performance cannot be enforced in favour of three kinds of person. Under clause (a), one who has obtained substituted performance under section 20. Under clause (b), one who has become incapable of performing, or violates an essential term, or acts in fraud of the contract. The same applies to one who wilfully acts at variance with the relationship the contract intended. Under clause (c), one who fails to prove that he has performed, or has always been ready and willing to perform, the essential terms. Terms the defendant prevented or waived are excepted. Under the Explanation, a plaintiff need not tender or deposit money unless the court directs. He must prove performance, or readiness and willingness, according to the contract's true construction. The 2018 amendment substituted clause (a). It also replaced "fails to aver and prove" with "fails to prove", and "must aver" with "must prove".

Chapter II: Specific Performance Of Contracts

  1. 9 Defences respecting suits for relief based on contract
  2. 10 Specific performance in respect of contracts
  3. 11 Cases in which specific performance of contracts connected with trusts enforceable
  4. 12 Specific performance of part of contract
  5. 13 Rights of purchaser or lessee against person with no title or imperfect title
  6. 14 Contracts not specifically enforceable
  7. 14A Power of court to engage experts
  8. 15 Who may obtain specific performance
  9. 16 Personal bars to relief
  10. 17 Contract to sell or let property by one who has no title, not specifically enforceable
  11. 18 Non-enforcement except with variation
  12. 19 Relief against parties and persons claiming under them by subsequent title
  13. 20 Substituted performance of contract
  14. 20A Special provisions for contract relating to infrastructure project
  15. 20B Special Courts
  16. 20C Expeditious disposal of suits
  17. 21 Power to award compensation in certain cases
  18. 22 Power to grant relief for possession, partition, refund of earnest money, etc
  19. 23 Liquidation of damages not a bar to specific performance
  20. 24 Bar of suit for compensation for breach after dismissal of suit for specific performance
  21. 25 Application of preceding sections to certain awards and testamentary directions to execute settlements
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