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Report No. 199

4. Procedural provisions of the Specific Relief Act, 1963 (47 of 1963).-

The following provisions of the Specific Relief Act, 1963 (47 of 1963) are procedural, namely:-

(a) clause (a) of sub-section (2) of section 20 in so far as it deals with the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant.

(b) clause (c) of sub-section (2) of section 20 which deals with a defendant who entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance.

(c) clause (a) of sub-section (1) of section 27 which deals with a contract voidable or terminable by the plaintiff and where any person interested in the contract sues to have it rescinded and such rescission is adjudged.



Unfair (Procedural and Substantive) Terms in Contract Back




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