 the specific relief bill, 1960(to be introducbd in loic sabra)  arrangement of clauses part i pltetimmafty clausils1 short title, extent and commencement 2 definitions 3 savings 4 specific relief to be granted only for enforcing individual civil !ights and not for enforeing penal laws  part it specific relief chapl'er irecovding possession of property' 5 recovl'!'lj" of specific immovable property 6 recovery of specific movable property " 7 liability of 'person in possession, not as owner, to deliver to persons entitled to immediate possession  chapi'er it specific performance of contracts • defences respecting suits for relief based on contract contracts which can be specifically enforced9 cases in which specific performance of contract enforceable 10 cases in which specific performance of contracts connected with tnlsts enforceable 11 specific performance of part of contract 12 rights of purchaser or lessee against person with no title or imperfect title  contracts which cannot be specifically bni'orcbd13 contracts not specifically enforceable 1582 (b) ls-l )  clauses14 who may dbtaifl speci1ic- perfol'lltlttlce 15 personal bars to relief 16 contract to sell or let property by one wno has no title, not specifically enforceable 17 non-enforcement except rih variation 18 relief against parties and p8l'aoas claiming under them by subsequent title  discre'ilon ani) powers of covrt19 discretion as to decreeing specific performance 20 power to award compensation in certain cases '!t pdw'e'l' to gtai'it 'teltef fo't ~siofl, pattlttbn, 1"!ftmd of earnest money, etc 22 liquidation of damages not - ~&r to specific performance 23 bar of suit for compeaatten fm b~ach after dismissal of 8uit for specific perfolmamee  ejrporcement of awaiidii um djaktlohs toubcoti!i &b'l'ti&1iien'i24~ application of preeediftg sections to eertlatn awards awd telllame~ directiors to ~xecute settlemema  chapter iii rectification of instruments25 when instrument may be rectified  chapter iv ruclssio)l' op contracts28 when l'iiiidbii'idn may be adjudged or retbed 27 rescission in certain circumstances of contracts for the sale or lease of mlitlcwable property, th~ ~elftc per10rmanee of whiea has been decreed  28 alternative prayer for rescission in suit for specific performaj'ift 29 court may require 1jftties reseinding to- do equtty  chapter v cancellation 01' instrumenticlausm ; 30 when oancellation may be ordered 31 what instruments may be partially cancelled 32 power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable  chapi'er videclaratory decrees 33 discretion of court as to declaration of status or right 34 e1feet of declaration  part iii preventive relief chapter viiinj'unctions generally 35 preventive relief how granted 36 temporary end perpetual inj unctions  chapter viiiperpetual injunctions 37 perpetual injunction when granted 38 mandatory injunctions 39 damages in lieu of, or in addition to, injunction 40 injunction when refused 41 injunction to perform negative agreement 42 amendment of act 10 of 1940 43 repeal  t1lli specific relief bill, i¢o (to be introduced in lok sabra) a billto define and amend the law relating to certain kinds of speciju! relief be it enacted by parliament in the eleventh year of the repub-hc: of india as follows:-part i  preliminarys 1 (1) this act may be called the specific relief act, 1960 short title  extent idd (2) it extends to the whole of india except the state of jammu codldlcqceand kashmir meat (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 10 2 in this act, unless the context otherwise requires,-ddlnitfonl (a) "obligation" includes every duty enforceable by law; is 3 of i8h (b) "settlement" means an instrument (other than a will or codicil as defined by the indian succession act, 1925) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of; (c) cltrust" has the same meaning as in section 3 of ~e indian trusts act, 1882, end includes an obligation in the nature of a trust within the meaning of chapter ix of that act; 20 (d) "trustee" includes every person holding property in trust; (e) all other words and expressions used herein but not deftned, and defined in the indian contract act, 1872, have, the meaninas respectively assigned to them in that act   3 except as otherwise provided herein, nothing in this act shall be deemed-(a) to deprive any person of any right to relief, other than specific performance, which he may have under any contractj or (b) to affect the operatkm of the indian registration act, 5 1908, on documents ipecific: ~ 4 specific relief can be 2ranted only for the purpose of enforclief to be - - d··d 1  il  ht -d t f h f f armted only mg m lvl ua civ rig s an no or t e mere purpose 0 en orcfor enforcing in~ a  1 law iddividual -i:'~ civil rights ad dot for enforclq peullawa part ii  specific relief chaptelt i rbcoyl!llt!)foposussiol( 011' prol'le1u'vrecovery of 5 a person entitled to the possession af specific immovable prospecific im- perty may recover it in the manner provided by the code of civil is movablej property procedure, 1908 re~17  f 6 a person entitled to the possession of specific movable pro-:'~e, perty -may :recover it ijl the manre'r provided by the code of 'civil perty procedure, 1908 explanation i-a trustee may sue under this section for the 30 possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled e%pbcmation 2-a special or temporary right to the present possellliod of movable property is sufficient to suf,lpch't 'a luit \wlder this section 25 liability of 7 any person having the possession or control of a particular ::~~i~ll article of mavable property, of which he is not the owner, ulay be aot ",owner compelled specifically to deliver it to the person entitled to its to deliver to immediate possession, in any of the following cases:-persons ~~a: (a) when the thing claimed is held by the defendant as the 30 pellenion agent or trustee of the plaintiff; (b) when compensation in money would not affox'd the plaintiff adequate relief for the loss of the thing claimed; "c) when it would be extremely difficult to ascertain the actual damaaecaused by its loll; 3' ~ wilen the jiosniiji<m of'theth!ng claimed bu '8tmij ~ 1ira~ 'from the' plaintiff explanation-unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under s 'dsuse tot ot 'clause (c) of this section, presmne--(a) that compensation in money would not afford thp plaintiff adequate relief for the loss of the thing claimed, or, 8& the case may be; (b) that it would be extremely difficult to ascertaia the 10 actual damage caused by its loss  chapter ii - specific performance of contractst except as othel'wise provided herein, where any relief i defences claimed _der this chapter in respect of a contract, the person agaimt r~~ing is whom the relief is claimed may plead by way of defence any ground ::li:f b~aed whi<m is available to him under any law relating to contracts on contract  colf'l'llacts wmch can be specifically enforced elgcept as otherwise provided in this chapter, the specific per- casel in formance of any contract may, in the discretion of the court be flwhichtispecicper orm-20 enforcedance of contract enforceable (a) when there exists no standard for ascertaiding the actaal damage caused by the non-performance of the act agreed to ide done; or (b) when the act agreed to be done is such that eompensalos tron in money for iti non-performance would not afford adequate relief j::rplo1lation-unless and until the contrary is p1'o'v1i!cl the tourt ull pr8lgjlle-(i) that the breach of a contract 10 transfer immovable ~ty oannot be adequately relieved by compensation in meney; and {u) that the ·breach of a contract to t{ansfer monble property can be 10 relieved except in the following cases:-35 (a) where the property is not an ordinary article of cmmnerce, or ts of special vahle c:jr interest to the plaintiff, cr c!oaust of ggods whkh are not easily obtainable in 1i1e martfet; (b) where the property is held by the defendallt  the agent or trustee of the plafntift c~ in  18 (1) except as otherwise provided in this act, speciftc per-:~~~;!:~- formanee of 6 contract may, in the discretion of the court, be anee or enforced when the act agreed to be done is in the performance contracts h 11 i f connected w 0 y or part y 0 a trust with truat enforceable (2) a contract made by a trustee in excess of his powers or in s breach of trust cannot be specifically enforced specific 11 (1) except as otherwise hereinafter provided in this section, performance of part of the court shall not direct the specific performance of a part of a coatract contract (2) where a party to a contract is unable to perform the whole 10 of his part at it, but the part which must be left unperformed bears only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance ctf so much of the contract as can b performed, and award compensation in money for the deficiency is (3) where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperfu'rmed either-(a) forms a considerable part of the whole, though admitting of compensation in money; or 20 (b) does not admit of compensation in money; he is not entitled to obtain a decree for specific performance; but the court may, at the suit of the other party, dlirect the party in default to perform specifically so much of his part of the contract as he can perform, if the other party-~s (i) in a case falling under clause (a), pays or has paid the agreed consideration for the whole of the contract reduced by the cdnsideration for the part which must be left unperformed and in a case falling under clause (b), the consideration for the whole of the contract without any abatement; and 30 (ii) in either case, relinquishes all claims to the performance of the remaining part of the contract and all right to compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant (4) when a part of a contract which, taken by itself, can and 35 ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought riot to be specifically performed, the court may direct speclftc performance of the former part eipicncmon-for the purposes(1fthll secttoftj  1wty~to,, aoa-' tract shall be deemed to be unabletoperfotm the'whole 'of, his part of it if a portion of its subject-matter exiisting at the date of'the---contract has ceased to exist at the time of its performance s 12 (1) where a person contracts to sell or let certain immov- rigbu of able property having no title or only an imperfect title, the ~ur- r:~~~ chaser or lessee (subject to the other provisions of this chapter), ~il with has the following rights, namely: -t;:~r (a) if the vendor fir lessor has subsequently to the contraet' 10 acquired any interest in the property, the purchaser or lesiee' ;, may compel him to make good the contract out of such interest;~" ,,' (b) where the concurrence of other persons ; is i nemsil!1 i  "? for validating the title, and they are bound toconcur';at"the'li,r request ctf the vendor or lessor, the purchaser '01' lessee' lna'y 'rl"'" is compel him to procure such concurrence, and when a conveyance by other persons is riecessary' to' validate the title and they , are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such conveyance; 20 (c) where the vendor professes to' sen urtencutn beted property, but the property is mortgage8 'foran' amount- not'-exceeding the purchase money and the vendor has in: fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtaill a valid discharge, and, where necessary, also a 'conveyance from the mortgagee; 30 (d) where the vendor or lessor sues for specific" performance of the contract and the suit is dismissed on the ground of his absence of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest 'thereon; to 'his costs of the suit, and toa lien for such deposit, interest ahd, costs, on the interest, if any of -the vendor or lessor in theptopetty wbich is the subject-matter of the contract (2) the provisions of sub-section (jj' shallallo' apply, as far  may be, to contracts for the sale or hire of movable property 35 contracts which cannot bi: specipically ekfoftcll) , i ',' 13 (1) the following contracts cannot be specificall,+'ertforeea;~=_ namely: _ cally enforceable (a) a contract for the non-performance of which compensatlon--in'money is an adequate relief; ' 40 (b) a ~traet"-wh1ch' tuhs int? such ~ute ornumerous details or which laso dependent on the personal qualifications 1682 (b) ~ ftr volition of the parties, or otherwise from its nature is such, that the court cannot enforce specific performance of its material term  : (c) a contract which is in its nature determinable; (d) a contract the performance of which involves the per- s formance of a continuous duty which the court cannot supervise \2) save as provided by the arbitration act, 1940, no contract to refer present or future differences to arbitration shall be speci1ically enforced; but if any person who has made such e contract 10 (other than an arbitration agreement to which the provisions of the said act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit (3) notwithstanding anything contained in clause, (a) or clause is (c) or clause (d) of sub-section (1), the court may enfcxrce specific performance in the following cases:-(a) where the suit is for the enforcement of a contract,-(i) to execute a mortgage or furnish any other security for secwing the repayment 'of any loan which the borrower 20 is willing to repay at once: ~rovided that where only a part cf the loan has been advanced the lender is willing to advance the remaining pan of the loan in terms of the con~ract;' or (ii) a contract to take up and pay for any debentures 25 of a company; (b) where the suit is for,-(il the execution of a formal deed of partnership, the parties having commenced to carry on the business of the partnership; or (ii) for the purchase of a share of a partner in a firm; 30 (c) where the suit is for the' enforc~ent of a contract or the construction of any building or the execution of any other work on land: provided that the following conditions are ful1uled, namely:-35 (i) the building or other work is described in the eontnct in terms suftlciently precise to enable the court to determine the exact natlfe of the building or work; (u) the plaintift baa - iubstantial interest in the performance of the contract and the interest 11 of such a nature that co~pensation in money for non-performance of the contract is not an adequate relief; and , (iii) the defendant has, in pursuance of the contract, obtained possession of the whole or any part of the, land on which the building is to be constructed or other work is to be executed  pi:rsons for ob against whom coktlac'1's may n spicd'ically enfobced10 t' u except as otherwise provided by this chapter, the speciftc who ma, obtaia performance of a contract may be obtained by-~ perform-(a) any party thereto; 1il<:e (b) the representative in interest or the principal, of any i, party thereto: provided that, where the learning, skill, solvency m' any personal quality of such party, is a material iogredient in the contract, or where the cont,ract provides thlt his interest shall !'lot be assigned, his representative in interest or his principal shall not be entitled to specific performance of the contr~ct, unless such party has already performed his part of the contract, or the performance thereof by his representative in interest, or his principal, has been accepted by the other party; (c) where the contract is a settlement on marriage, or a a, compromise of doubtful ifights between members of the same family, any person beneficially entitled thereunder; (d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman; (e) a reversioner in possession, where the agreement'is a ' eovfmant entered into with his predecessor !n title and the reversioner is entitled to the benefit of such covenant; (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to thrben~tit thereof and will sustain material injury by reason of its breach; 35 (g) when a company has entered into a contract and subsequently becomes amalgamated with another company, the dew company which arises out of the, amal~amatfon;  --efi)·when ·th&··ppoftloters of·+-eompany have, before its - " -ineerporation, -entered into a ·contraet for the >purposes of the -eempany, and such contraet is warranted by the terms of the incorporation, the· company:   ,pfqvidt;d that the  company b~,a~<!eptedthe contract and s hnicoippl\lpicateo sjj~h: ~c:ceptanceto the otl)er party to the contract  :::ureliet f ',~m$jl~·jpmf~mc  ok~  \f)ontlfmlc8allot-:~· ,orced in favour of a person-(a) who would not be entitled to recover con;!pejlsation for 10  its breach; or (b) who has become incapable of performing, or violates any essential term of, the aantract that on his part remains to i be perfon;n~ or acts in fraud of the cqntr,ac~, or wilfully acts at variance with, or in subversion of, the relatiqr intended to i' be established by the contract; or ,(e) who faile to aver and prove that he has performed or ' -hu 'alway been reedy ·and willing to perform the essential  terms ,of the contract which are to be pell'formed by him, other than tenns the performance ·of which has been prevented er ~ 1<· waived by 1he defendant i' ~'r4tioft-for ijlepurposes ·of  clause (c)' ,-(1) where a contract involves the payment of money, it is not essential for th~ plainti1f to actually' tender te the defendant or to deposit it) c01lrt any money except when so a~  directed by the court; (ii) the plaintiff must aver performance of, or readiness ad willingness to perform, the contract according to its true coastruction ' cojlu'm:t to'f' ~1t; :{1) a contract to sell ar jet ~ny jmmov~bl~ prop~ cannot 30 ~os:jtb1,""e[lpeciftcauy' enforced in favour of a vendor p( lessor- one who baa ~t , (a) who, knowini,plmself not to have :0:11 title to the proedforceabfe  perty, bascont:racted to sell or let thep~p)rty; (b) who, though he entered into the contract believing that he had a good ~itle to tl}er proper-ty" oannot·-at·the time filled by 35 the parties or  by j~ court for· the :-eompl~n"of the ale or 'let~jpg, give ~be,pji~ha,se\r  qr  le~! title·free f  reuonable doubt (2) the provisions ·'of· sub-section (i) shall also apply, as far  may be, to contracts for the sale or hire oi mowble property 17 where a plaintiff seeks specific performance of a contract··m,nod-ed-writing, to which the defendant sets up a variation, the plaintiff =':~ 5 cannot obtain the performance sought, except with the :variation so variation; set up, in the following cases, namely:-(a) where by fraud, mistake of fact or mis-representation, the written contract of which performance is sought is' in its ' terms qr effect different from what the parties agreed to, or does jonqt contain ali the terms agreed to between the :parties on the basis of which the defendant entered into the contract; (b)-' where the object· of the parties was to produce a certain legal result which the contract as· framed is not calculated to hp"-oducej 15 (c) wherethe parties have, ,subsequently to tb~ execution of the contract, varied its terms 18 except as otherwise provided by this chapter, specific per- relief  inst formance ofa contract may be enforced agamstp;trea iqd penon (a) either party thereto; claiming  under them (b) any othe,r person claiming ul1d~ him by a titl,e, arising ~k:: title subsequently to the contract, except a transferee for value who has paid his money in good faith amt without notice, of the original contract; (c) any person claiming under a title which, though prior 2stothe ·contract and· known to the plaintiff, might have been displaced by the defendant;  (d) when a eomp811y has entered into a cqntract  and subo seqwently becomes amalgamated with anothet company,t!le new company which arises out of the amalgamation; 30 i, ,'t " (e) wb~n the, promoters of a comp~r" have" "before its jnc,orporatioa,entered into a contract f"r·,he purpose ··of the comp@y ,and such contract is wan-anted;· by the -terms ··of the incorporation, the company: ' , : ·pl'ovided that· ·the- company has accepted the centract and 35'" ,communicated such acceptance to the other· party to the cootract diac:rction 19 (1) the jurisdiction to decree specific performance is discre-~=- tionary, and the court is not bound to grant such relie·f merely peri'onwmcc because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles and 5 capable of correction by a court of appeal (2) the following are cases in which the court may properl, exercise discretion not to decree specific performance-(a) where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other 10 circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantaie over the defendant; or (b) where the performance of the contract would involve some hardship on the defendant which he did not foresee, is whereas its non-performance would involve no such hardship on the plaintiff; (c) where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance 20 explanation t-mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b) ~2' explanation 2-the question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship hal resulted from any act of the plaintift subsequent to the contract, be determined with reference to the circumstances existing at the time 30 of the contract  (3) the court may properly exercise discretion to decree speclftc performance in any case where the plaintift has done substantial actl or suffered losses in consequence of a contract capable clf specific performance 35 (4) the court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party 20 (1) in a suit for specific performance of a contract, the'ower to 1  t:tli! 1ft l' f  f  b awird cc)ib-p am ill may a,o c aim or compensation or its reach, either in pen'ation in addition to, or in substitution of, such performance certaio wei (2) if, in any such suit, the court decides that specific perform-s ance ought not to be granted, but that there is a contract between the parties which has been broken by the defendant, and that the plaintiff is entitled to compensation for that breach, it shall award him such compensation accordingly (3) if, in any such suit, the court decides that specific perform-10 ance ought to be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly (4) in determining the amount of any compensation awarded 15 under this section, the court shall be guided by the principles 9 of x11a specified in section 73 of the indian contract act, 1872 (5) no compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: provided that where the plaintiff has not claimed any su"-20 compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation explanation-the circumstances that the contract has become incapable of specific performance does not preclude the court from 25 exercising the jurisdiction conferred by this section 21 (1) notwithstanding anything to the contrary contained in power tl(l the code of civil procedure, 1908, any person suing for the specific t~ performance of a contract for the transfer of immovable property lion, pard- lion, refujld may, in an appropriate case, ask forof carnett (a) possession, or partition and separate possession, of the ldodcy,eco property, in addition to such performance; or (b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made to him, in case his claim for specific performance is refused 3' (2) no relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed: provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for 40 including a claim for such relief  ~) the power;ot~the court togrmt relief under clause (b) of sub-seetion (1) shall be without prejudice to its powers ;to award" co,oipensation under section 20 liquidation 22 (1) a contract, otherwise proper to be specifically enforced; ~t~e:o may be so enfo:rced, though a sum be named in it as the amounttos ~cmc per- be paid in case of its breach and the party in default is willing to  ndldcco pay the same, if the court, having regard to the terms of the contract and other attending circumstances, is satisfied that the sum was named only for the purpose of securing performance of the contract and not for the purpose of giving to the party in default an option 10 of paying money in lieu of specific performance (2) when enforcing specific performance under this section, the court shall not also decree payment of the sum so named in the contract 23 the dismissal of a suit for specific performance of a contract 15 or part thereof shall bar the plaintiff's right to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar his right to sue for any other relief to which he may be entitled, by reason of such breach specific performance  enforcement of awards and dillections to execute settlements~plication 24 the provisions of this chapter as to contracts shall  :ej:~~~di apply to awards to which the arbitration act, 1940, does not apply certain and to directions in a will or codicil to execute a particular settleawarcir and testamentary ment directions to czecute _tlcmeal:wj 'j'''i(, chapter lit  rectification of instrumentswhenu:  25 (1) when through fraud or a mutual mi8take of the partiel, ,,; ~~-aeohtract or other instrument in writing (not being the articles of association of a company to which the companies act, 1956 i of 1956 applies) does not express their real intention then-30 (4) either party or his representative in interesf may institute a suit to have the inltrument rectified; or (b) the plaintiff may, in any suit in which any right arising' under the instrument is in issue, claim in his pleading that the instrument be rectified; or 3s (c) a defendant in' any suit as is  referred to· in clause: 1 (b), may, in addition to any other defence open to, him, ask far rectificatfon of the instrument (2) if, in any suit in which a contract or other instrument ii sought to be rectified under sub-section (1), the court finds that the instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, direct 5 rt:ctification of the instrument so as to express that intention, so far as this can be done ~ithout prejudice to rights acquired by third persons in good faith and for value (3) a contract in writing may first be rectified, and then if the party claiming rectification has se prayed in 'his pleading and the 10 court thinks fit, may be specifically enfo:rced (4) no relief for the rectification of an instrument shall be granted to any party under this section unless it has been specifically claimed: provided that where a party has not claimed any such relief in is his pleading, the court shall, at any stage of the proceeding, allow him to amend the pleading on such terms as may be just for including such claim  chapter iv rescission of contracts26 (1) any person interested in a contract may sue to have it ~~ re-20 1'escinded, and such rescission may be adjudged by the court in any :~~o:~ uf the following cases, namely:-or refused (a) where the contract is voidable or terminable by the plaintitj; (lb) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff (2) notwithstanding anything contained in sub-section (1), the court may refuse to rescind the contract-(a) where the plaintiff has expressly or impliedly rati1led the contract; or (b) where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or 3s (c) where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or 150 (b)~  '(d) where only a part of the contract is'sought fo be rescfnd-'ed and such part is not severable ft~m·the'rest:ofthe·cqtitrlict, explanation-in this section "contract", in relation to the territories to which the transfer of pl"operty act, 1882, does not extend,  ofi8'a  means a contract in writing s redssion in 21 (1) where in any suit a decree for specific perfonnance of a certain drcontract for the sale or lease of immovable property has been made cumstanccs of contracts and the purchaser or lessee does not, within the period allowed by ~rl~ ~l the decree or such further period as the court may allow, pay the immovable putchase money or other sum which the court has ordered him to 10 ~h~p;:~ffic pay, the vendor or lessor may apply in the same suit in which the performance decree is made, to have the contract rescinded ahd on such applicaof which hal been tion the court may, by order, rescind the contract either so far as decreed regards the party in default or altogether, as the justice of the case may require  _ _ is (2) where the contract is rescinded under sub-section (1), the court-(a) shall direct the purchaser or the lessee, if he has ob a:ned possession of the property under the contract, to restore such po&se1iliion to the vendor or lessor and 20 (b) may direct payment to the vendor or lessor of all the rents and profits which have accrued in respect of the property from the date on which possession was so obtained by the purchaser or lessee until restoration of possession to the vendor or lessor, and, if the justice of the case so requires, the refund 2s of any sum paid by the vendee or lessee as earnest money or deposit in connection with the contract (3) if the purchaser or lessee pays the purchase money or other sum which he is ordered to pay under the decree within the period referred to in sub-section (1), the court may, on application made 33 in the same suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate cases all or any of the following reliefs, namely:-(a) the execution of a proper conveyance or lease by vendor or lessor; the 35 (b) the delivery of possession, or partition and separate possession, of the property on the execution of such conveyance <r lease (4) no separate suit in respect of any relief which may be claimed under this section shall lie at the instance of a vendor, puehaser,' lessor or lessee, as the case may be (5) the costs of any proceedings under this section shall be in s the discretion of the court 28 a plaintiff instituting a suit for the specific performance of a alternati"e contract in writing may pray in the alternative that, i1 the contract ~~~:s~:rid cannot be specifically enforced, it may be rescinded and delivered up suit for to be cancelled; and the court, if it refuses to enforce the contract ~!~~r-10 specifically, may direct it to be rescinded and delivered up accord  ingly 29 on adjudging the rescission of a contract, the court may q)ur:t maj require the party to whom such relief is granted to restore, so far as ;-:::cre_ may be, any benefit which he may have received from the other party acindi1lj to 15 and to make any compensation to him which justice may require do equity  'chapter v cancellation of instrt1kents30 (1) any person against whom a written instrument is void or when canvoidable, and who has reasonable apprehension that such instrument, ~:~n 20 if left outstanding may cause him serious injury, may sue to have it ordered adjudged void or voidable; and the court may in its discrt"tion: so adjudge it and order it to be delivered up and cancelled (2) if the instrument has been registered under the indian regis-116 or 1901 tration act, 1908, the court shall also send a copy of its decree to the 2s officer in whose office the instrument has been so registered; and such officer shah note on the copy of the instrument contained in his books the fact of its cancellation 31 where an instrument is evidence of different rights or different what ids-   1 't  t d trumcntb obl1gations, the court may, in a proper case, cance i m par an may be io allow it to stand for the residue~~~ 32 (1) on adjudging the cancellation of an instrument, the court po~r to h 1· f  ted to t require may require the party to whom suc re ie 15 gran , res ore, so benefit to be far as may be any benefit which he may have received from the restored or  him h' h j  compensaother party and to make any compensation to w ic usbce tion to be - made when 3s may require instrument i (2) where a defendant successfully resists any suit on the ~ceucd or is success- groundfully resisted -  as being (a) that the instrument sought to be enforced agamst him m void or the suit is voidable, the court may, if the defendant has received yojdabie discretion of c;ourt as to detlaradoli of ltatul or npt declantion any benefit under the instrument from the other party, require - him to restore, so far as may be, such benefit to that party or to make compensation for it; (b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to s contract under section 11 of the indian contract act, 1872, the 9 of 117· court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, such benefit to that party, to the extent to which he or his estate has benefited thereby  chapter vi declaratory decrees 33 any person -entitled to any legal cmracter, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court is may in its discretion make therein a declaration that he is so entitled, and the pleintiff need not in such suit ask for any further relief: provided that no court shall make any such declaration wh~re the plaintiff, being able to seek further relief than a mere declarotion of title, omits to do so 20 explanation-a trustee of property is a "person interested to deny" a title adverse to the title of some one who is not in existence, end for whom, if in existence, he would be a trustee 34 a declaration made under this chapter is binding only on the parties to the suit, persons claiming through them respectively, and,25 where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees part iii preventive relief chapter vii injunctions generally 35 preventive relief is granted at the discretion of the court by "injunction, temporary or perpetual preventive relief how ,ranted temporary and perpena1 inlwlction" 36 (1) temporary injunctions are such as are to continue until a 3s specified time, or until the further order of the court, and they may be granted at any stage of a suit, and are regulated by the code of civil procedure, 1908 , of 1901· (2) a perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant 40 is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff  chapter vin perpetual injunctions37 (1) subject to the other provisions contained in or referred perpetual to by this chapter, a perpetual injunction may be granted to the injunction 5 plaintiff to prevent the breach of an obligation existing in his favour, ;r~~ed whether expressly or by implication (2) when any such obligation arises from contract, the court shall be guided by the rules and provisions contained in chapter ii (3) when the defendant invades or threatens to invade the plain-10 tiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:-(a) where the defendant is trustee of the property for the plaintiff; (b) where there exists no standard for ascertaining the is actual damage caused, or likely to be caused, by the invasion; (c) where the invasion is such that compensation in money would not afford adequate relief; (d) where the injunction is necessary to prevent a multiplicity of judicial proceedings 20 38 when, to prevent the breach of an obligation, it is necessary ~andl~ory to compel the performance of certain acts which the court is capable injunctions of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts 25 39 (1) the plaintiff in a suit for perpetual injunction under i?amales in  3 d t , t' d t' 38 i' laeu of, or section 7, or man a ory lnjunc ion un er sec ion , may c aim in addition damages either in addition to, or in substitution for, such injunc- t? injunction and the court may, if it thinks fit, award such damages tlon (2) no relief for damages shall be granted under this section 30 unless the plaintiff has claimed such relief in his plaint: provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceeding, allow the plaintiff to amend the plaint on such terms as may be just for inc]uding such claim 35 (3) the dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damaaes for such breach 40 an injunction cannot be granted-injunction when refused (a) to restrain any person from prosecuting a judicial proceeding pending at 1he institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; s (b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought; (c) to restrain any person from applying to any legislative body; 10 (d) to restrain my person from instituting or prosecuting any proceeding in a criminal matter; (e) to prevent the breach of a contract the performance of which would not be specifically enforced; (f) to prevent, on the ground of nuisance, an act of which is it is not reasonably clear that it will be a nuisance; (g) to prevent a continuing breach in which the plaintiff has acquiesced; (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach 20 of trust; (i) when the conduct of the plaintiff or his agents has been such as to disentiue him to the assistance of the court; (j) when the plaintiff has no personal interest in the matter: injunction to 41 notwithstanding anything contained in clause (e) of section 25 perform 40, where a contract comprises an affirmative agreement to do a ~=~:nt certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative 30 agreement: provided that the plaintiff has not failed to perform the contract so far as it is binding on him amendment 42 in section 32 of the arbitration act, 1940, after the words "nor of act jo of shall any arbitration, agreement or award be", the word "enforced" 3s 1940 - shall be inserted repeal 43 the specific relief act, 1877 is hereby repealed, i of 1811'  statement of objects an'd'r::easonsthis bill seeks to implement the recommendations of the law conunission contained in its ninth report on the specific relief act, 1877, except in regard to section 42 which is being retained as it now stands the notes on clauses, extracted from the report of the law coqullission, explain the changes made in the existing act asoke k sen new delhi; the 3rd decembet, 1960 clause 2-the definition of trust in the existing act is not sa~ factory inasmuch as it refers to express, implied qild constructive trusts without defining them the expression is now being defined as in the indian trusts act, 1882, as there should be parity between the two enactments consequential changes have been made in the definition of trustee clause 3 (existing section 4) -clause (a) of existing section 4 has been omitted as unnecessary under section 2(h) of the indian contract act, 1872, only an agreement enforceable by law is a contract a mere agreement is not enforceable in law in view of clause 2 (e) of the bill, clause (a) of section 4 is unnecessary (see also notes under clause 8) the existing sedions 5 and 6 have been omitted as being too elementary section 9 has been omitted foe the reasons given in paragraph 16 of the report of the law commission clause 4 (existing section 7) -instead of being cast in the negative form as at present, the revised clbuse brings out the principle more clearly by saying that specific relief being a civil remedy, the plaintiff must show some individual right to it in every case clauses 5 and 6 reproduce existing sections 8 and 10 with the substitution of the word "provided" for the word "prescribed" in both the sections clause 7 (existing section 11) -an explanation modelled on the explanation to the existing section 12, is added whereby the burden of proving tbat the case does not fall within clause (b) or clause (c) is laid on the defendant in such cases it should be for the defendant to prove that the article in respect of which possession is claimed is an ordinary article of commerce having no special value or interest to the plaintiff or that the damage is assessable in money clause 8-this is new in india the defences that are available under the law of contract, such as, inoapacity of parties, absence of a concluded contract, the uncertainty of the contract, coercion, fraud, mis-representation, mistake, illegality or want of authority are all dealt with under the contract act clause 8 prescribes in a compendious way all the defences that are open to a defendant; and incidentally makes the existing section 4 (a), which has now been omitted, all the more unnecessary clause 9 (existing section 12) -clause <a> of existing sect10n 12 which refers to an obligation arising out of a trust is now being incorporated in clause 10 with the other provision relating to trusts now to be found in section 21 (e)  clause (d) of the existing section 12 seems to sanction the doubtful doctrine that insolvency of the defendant is a ground for decreeing specific performance it is totally inconsistent with the principle followed in the grant of specific relief, namely, the non-existence or inadequacy of the remedy 6t law, but not merely the impracticability of enforcing such a remedy it is,therefore, being omitted the explanation is being amended so as to specify the exceptional cases where courts in india and in england grant specific performance of contracts to transfer movable property on the presumption that damages would not in such cases give adequate relief the exception as respects goods not easily obtainable in the market has been engrafted from american law where courts have enforced specific performance of contracts to furnish gas, water or other necessary materials to a manufacturing establishment where the thing contra-::ted for is not immediately available from other sources and a breach of contract would stop the operations of the plaintiff's esooblishment clause lo-the provisions relating to trusts now found in section 12 (a) and section 21 (e) are being grouped together section 12(a) is out of place in that section as that section relates to executory contracts where'ls in the case of an obligation arising out of a trust it arises out of an executed contract clause ll--sections 14 to 17 deal with claims for specific relief of a port of a contract and section 13 enshrines a principle generally applicable to cases falling within sections 14 to 17 all these sections have now been grouped together sub-clause (1) corresponds to section 17 sub-clause (2) corresponds to section 14 sub-clause (3) corresponds to section 15 but one importrmt change which has been made in sub-clause (3) is that when the purt which must be left unperformed forms a cons1-derable portion of the whole but admits of compensation in money, the plaintiff is allowed a proportionate abatement of the consideration when he is to relinquish all claims to further performance or any further compensation for the breach in this respect the existing position is inequitable 1582 (b) uj4  sub-clause (4) corresponds to section 16the explanation reproduces section 13 with verbal changes (:'lause 12-this is section 18' of the existing act with the following amendments:-(a) it is made clear that this clause applies also to absence of title; (b) by inserting the words "subject to the other provisions of this chapter", it is made clear that other provisions of this chapter, like clause 11, apply to cases under sub-clause (a); (c) in sub-clause (a), for the words "sale or lease", the word "contract" has been substituted so that it is made clear that the sub-clause applies only to contracts to sell, lease or hire; '(d) sub-clause (b) is modified so that a plaintiff would also be enabled to require a vendor to get a conveyance from a person who is bound to convey at the request of the vendor; (e) in sub-clause (c) the addition of the words "wherever necessary" makes it clear that a re-conveyance need be obtained only when it is required under law clause 13-this is section 21 of the existing act with the following amendments:-(i) in sub-clause (1), clause (c) of section 21 has been omitted as unnecessary in view of section 29 of the indian contract act, 1872; , (ii) clause (f) of section 21 has been omitted in view of clause 8 of the bill; (iii) in item (d), the word 'determinable' has been substituted for the word 'revocable' as the expression 'revocable contract' is not accurate; (iv) clause (e) of section 21 has been incorporated in clause 12 of the bill; (v) in item (d) [clause (g) of section 21] the limit of three years, which is artificial and arbitrary, has been omitted, and the proper rule applicable in such cases substituted; (vi) sub-clause (3) is new and incorporates the exceptional oases in which specific performance is granted, notwithstanding the provisions of sub-clause (1) (1) in sub-clause (b) it is made clear that, in a contract of a personal nature, performance by a third party is not to be imposed on the other party to the contract except where he has accepted such substituted performance; (it) sub-clauses (c), (d), (e) and (f) could be substituted by a simple provision providing that a third party· to a contract who is entitled to a benefit thereunder or has an interest therein may sue on the contract subject to certain limitations this bubstitution would, however, have to await a suitable· amendment being made in this behalf in the contract act, and the clauses have been reprodced as they stand for the time· be~ng; (iii) in sub-clauses (g) and (h) the word 'public' has been omitted since the nature of these provisions is such that they should apply to all companies further in sub-clause (h) it is provided that the contract would be enforceable by or ag'alnst a company only if it has accepted the contract and has sfgnified its acceptance to the other party to the contract  clause 15-this is section 24 of the existing act with the following modlftcations:-(i) in sub-clause (a) for the words "is not entitled", the words "would not be entitled" have been substituted in order to make the meaning cl~ar;  (ii) in sub-clause (b), following the principles enunciated by case-law, it has been provided that specific performance cannot be enforced where the plaintiff has acted in fraud of the contract or acts at vari~nce with or in subversion of the relation$h!p intended to be established by the contract; (iii) clause (c) of section 24 has been omitted as unnecessary in view of order ii, r 2 of the code of civil procedure, 1908; (iv) claus; (d) of existing section 24 ~ves effect to a l?!ovilion of english law as it stood under a statute of the slxt~~th century but the law has since been changed a pnor se e-in,ent of property would divest the title of thehsettl°trtlinun:; thereafter from t e se or dlately and any conveyance'd t' would'be ineffective to +h ana" er, even if it be for consi era lon,  i  's therefore totally unneces- y title this prov sian 1 1  _  ' convey _ ury; (v) lub-clause (c) is a new provision which incorporates the principles laid down by case-law that in a suit for specific performance the plaintiff must show that all conditions precedent have been fulfilled and also allege and prove a continuous readiness and willingness to perform the contract on his part from the date of the contract to the time of hearing of the suit the plaintiff, however, need not prove performance of or over-readiness or willingness to perform non-essential terms; (vi) by an explanation it is made clear that it is not essential that the plaintiff should tender money payable under a contract, say, for sale to the defendant or to deposit it in court except when so directed further, the plaintiff should be entitled to specific performance if he avers performance or readiness or willingness to perform the contract according to its true construction clause 16-this is section 25 of the existing act with the following modifications:-clause (c) of section 25 is omitted for the reasons given against clause 15 in respect of the omission of clause (d) of section 24 although section 25 refers to both movable and immovable property, it is not clear how far sections 18 and 25 apply to contracts for the letting of movable property sub-clause (1) is therefore confined to immovable property, but sub-clause (2) provides [as in the case of clause 12 (2)] that the provisions of sub-clause (1) will also apply to movable property in so far as such application is possible clause 17-clause 17 is section 26 with the following changes:-(i) sub-clause (a) amalgamates clauses (a), (b) and (c) of lection 26; il) in sub-clause, (c) for the words "contracted to vary", the words "varied its terms" have been substituted as a drafting change  clause 18 is section 27 of the existing act with the following ehanges:-! (i) in sub-clause (d), the word "public" bas been omitted as this pr0vi8ion should apply to all companies; (li) sub-clause (e) has been modified on ·the lines proposed in respect of section 23 (b)  [see notes under clause 14 (h) ] cla'iue 19-this elau!e reprodu\!es section 22 of the act with the tollowblg modification&-(i) su?-section (2) (a) is item i of section 22 the existing provision is somewhat vague there are circumstances in which a court of equity refuses to decree specific performance on the ground of unfairness even though in law the circumstances are not such as to render the contract voidable the scope of this sub-clause is therefore widened to provide that the unfair advantage may be due to circumstances which may not be sufficient to render the contract voidable; (it) the two explanations based on case-law seek to explain in what cases unfair advantage or hardship shall not be presumed and with reference to what circumstances hardship should ordinarily be determined; (iii) the doctrine that a contract to be specifically enforceable must as a general rule be mutual has now very little scope for application in india that doctrine is now being abolished and in its place, the following principle is laid down, namely, that the fact that the remedy of specific enforcement is not available to one party is not a sufficient :reason for refusing it to the other party sub-clause (4) gives effect to this new principle clause 20-this is section 19 of the existing act with the following changes:-(i) sub-clause (4) makes it clear that the compensation to be awarded is to be de~~rmined on the basis of section 73 of the indian contract act, 1872; (ii) it is provided in sub-clause (5) that compensation has to be specifically asked for before it can be granted, and that the court should allow the plaintiff to amend his plaint at any stage of the proceeding for the purpose clause 21-clause 21 is new sub-clause (1) (a) introduces a rule now settled by judicial decisions, that in order to avoid a multiplicity of proceedings the plaintiff may claim a dcc~e for possession in a suit for specific performance even thoug~ strictly speaking the right to possession accrues only when specific performance is decreed in some cases it has been held that the court may, in a suit for specific perfonnance, direct a refund of earnest money while refusing speciftc performance if the facta disclose a case for sua a ref'ulul sub-clause (b) gives effect to this and also pennita the p1atnw! tq claim any other relief it is, however, provided that any luch relief will not be granted l1!iless a claim in that behalf is made by the plaintiff either init1ally dt' by an amendment at a kiter stage, but that does not preju~ee his right to compensation under clause 20 clause 22--:this is section 20 of the existing act amplified 110 u to codify the law on the subject in applying section 20 courts have tried to ascertain the intention of the parties, that is, whether the party bound to performance has an alternative choice given to him by the contract, to perform or to pay the agreed sum; or whether he is bound to do a certain thing, with a penal sum or sum by way of liquidated damages attached as security in the latter case, the court, notwithstanding the penal clause, enforces performance if the contract be such that without the penal clause it would have been proper to enforce specific performance clause 23 is section 29 of the existing act provisions have been included in the bill enabling the plaintiff to ask for reliefs such as refund of earnest money, etc, and by way of abundant caution it is made clear in this clause that the dismissal of a suit for specific performance shall not bar a suit for any relief other than damages clame 24 is section 30 of the existing act after the passing of the arbitration act, 1940, the provisions of this clause should be confined to cases of arbitration under other laws the operation of which is saved by sections 46 and 47 of the arbitration act, 1940 ajj respects cases to which the arbitration act, 1940, applies, that act prescribes the procedure to be followed for their enforcement section 27 a of the existing act is omitted lor the reason that suitable provision is being made in this behalf in the registration act and section 28 has been omitted for the reason the material provisions thereof have been incorporated in their appropriate places' in the bill clause 25-this is section 31 of the existing act with the following modifications:-(i) under section 31 of the companies act, 1956, the articles of association of a company may be altered by the company by speclal resolution, and it is, therefore, advisable to exclude artlcles of association from the scope of this clause; (li) it is provided in aub-clause (1) that the relief ofrecttftcation may' be obtained not only in a suit specifically broughtfor the purpose as at preseht, but also in a suit in which any right arising under the contract or other instrument is in issue it is further provided that the relief will be open to either party but only if it is specifically asked for in his pleading whether initially or by amendment; (iii) section 32 of the existing act has been omitted as it ,is ambiguous; and if it means that the court will not rectify an invalid instrument, it is not necessary; (iv) section 33 of the existing act has been omitted as unnecessary as this provision seeks to merely enjoin the court to discover the real intention of the parties in any event, clause 25 of the bill renders this section unnecessary; (v) section 34 of the existing act has been incorporated in sub-clause (3) clause 26-this is section 35 of the existing act with the following modifications:-(i) section 35(c) of the existing act and the two paragraphs succeeding it have been omitted in view of clause 27 of this bill; otherwise sub-clause (1) is a reproduction of section 35; (li) sub-clause (2) codifies the principles followed by courts in refusing to rescind a contract; (iii) the requirement of "writing at the beginning of section 35 has been omitted by the transfer of property act, 1882, in relation to territories where that act is in force; hence the explanation clause 27-this is new  under section 35 (c) of the existing act, the vendor or lessor has the option of bringing a separate suit for the rescission of a contract or to apply for rescission in the same suit under the third paragraph of tbet section, but there is no reason why the vendor or lessor should be allowed to harass the other party in a separate proceeding when the relief of rescission can be  made available in the same suit at the same time suitable reliefs should also be made available to the ,purchaser or lessee when he makes the payments due, but the vendor or lessor does not comply with the terms of the decree the new clause therefore seeks to provide complete relief to both the parties in terms of the decree , "for specific' 'performance in the 'same suit without having to resort to ,i 'aeparateproceed1i1p section 36 of the existing act has been omitted as it is in conflict with section 22 of the indian contract act, 1872, and doe not appear to enshrine any sound principle clause 28-clause 28 is section 37 of the existing act clause 29-this is section 38 of the existing act amplified to provide that while decreeing rescission the court might direct not only payment of compensation to the defendant but also restoration of any benefit received by the plaintifi under the contract clause 30-this is section 39 of the existing act clause 3l-this is section 40 of the existing act clause 32-under section 41 of the existing act 6 plaintiff who obtains cancellation of an instrument may be required to make compensation to the defendant this provision has been expanded to provide for the following matters:-(i) the plaintifi may also have to restore any benefit which he may have obtained under the instrument: (ii) the above principle has been extended to apply in favour of a plaintiff in a case where the defendant successfully resists a suit on the ground that it is void or that it is voidable and he has avoided it; (iii) it is, however, provided that in the case of a contract, which is void by reason of the defendant being a minor or lunatic at the time of the contract, the defendant must restore any benefit, whether proprietary or monetary, which he has actually received under the contract there is, however, no question of any liability for making compensation in such 8 case clause 33-this is section 42 of the existing act clause 34 is section 43 of ,the existing act clause 35-this reproduces section 52 of the existing act clause 36-this reproduces section 53 of the existing act clause 37-this is section 54 of the existing act with the following changes:-(1) for the word "applicant", the word "plainti1f" has been substituted as the fonner expression is inaccurate; (ii) section 54(d) of the act has been omitted for the reasons given against clause 9 in respect of the omission of section 12 (d)   clause 38-this is section 55 of the existing actclause 39-this clause is new and gives effect to the principles already accepted that the court ean in an action for injunction, exercise its discretion to award damages either in addition to or in substitution for an injunction " clause 40-this is section 56 of the existing act with the followblg changes:-(i) the expression "to stay proceedings" in clauses (a), (b) and (c) of section 56 has given rise to a controversy as to whether any injunction can be directed against the court itself before which the proceeding is pending an injunction is a remedy in personam which is directed against the litigant and this is now made clear; (ii) section 56 (d) has been omitted; the first part of it is inconsistent with article 361 (1) of the constitution, and the second part is wmecessary  clause 41-this is section 57 of the existing actclause 42-this clause makes e consequential amendment in the arbitration act, 1940 - (i~ cip'lf4tt) - - - - bar to suits contesting arbitration agreement or award 32 notwithstanding any law for tlie time being in foroe, ~ suit shall lie on any ground whatsoever for a decision upon the exlstenee, dtect or vaiithty of ad lri-b't'trattori a~ment· or award, riar-shall any arbitration aift!e!m~ilt or award be 'set uid~, aiiiended, modffled or in any way aft&:teci oihemse trim as provided til thil act - - - - - a bill to define and amend the law relating to certain kinds of specific relief (shri asoke k sill, minister of lard) 