Property and injunctions

Suit for specific performance of contract format

Drafting a suit for specific performance under the Specific Relief Act, 1963 as amended in 2018: pleading readiness and willingness, the three-year limitation, and the relief structure.

A suit for specific performance seeks a decree compelling a party to perform a contract, most commonly an agreement to sell immovable property. Since the 2018 amendment to the Specific Relief Act, 1963, specific performance is a general remedy rather than a discretionary one, and Section 10 requires the court to enforce the contract subject to the statutory exceptions. The plaint must plead the contract and its terms, the plaintiff's readiness and willingness to perform their part continuously from the date of the agreement, the defendant's refusal, and a readiness to deposit the balance consideration.

Governed by
  • Sections 10, 16 and 20, Specific Relief Act, 1963 as amended by the Specific Relief (Amendment) Act, 2018
  • Article 54, Limitation Act, 1963
  • Order VII, Code of Civil Procedure, 1908
Where it is filed
The civil court within whose jurisdiction the property is situated.
Who files it
The party to the contract seeking performance, or a person claiming under them.
Time limit
Three years from the date fixed for performance, or where no such date is fixed, from the date on which the plaintiff has notice that performance is refused, under Article 54 of the Limitation Act, 1963.
Court fee and stamp
Ad valorem on the consideration under the agreement, as prescribed by the State's court fees legislation.

What a suit for specific performance of contract must contain

The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.

  1. 1.Cause title and property schedule

    The court, the parties, and the property described with survey number, extent and boundaries.

  2. 2.The agreement

    Date, parties, consideration, advance paid, the time fixed for performance and the essential terms, with the agreement annexed.

  3. 3.Part performance

    Payments made, possession delivered, and any acts done in part performance of the contract.

  4. 4.Readiness and willingness

    A specific averment, required by Section 16(c) of the Act, that the plaintiff has been and continues to be ready and willing to perform their part, supported by facts such as available funds and demands made.

  5. 5.Breach

    The defendant's refusal or failure to execute the sale deed, with dates and correspondence including any legal notice.

  6. 6.Limitation

    The date fixed for performance or the date of notice of refusal, and how the suit is within three years of it.

  7. 7.Reliefs

    A decree of specific performance directing execution of the sale deed on deposit of the balance consideration, delivery of possession, and in the alternative refund of the advance with interest and damages.

Mistakes that get this document returned

  • Failing to plead readiness and willingness in the terms Section 16(c) requires, which is regularly fatal.
  • No prayer in the alternative for refund of the advance, leaving the plaintiff without a fallback.
  • Not seeking an injunction restraining alienation, allowing the property to be sold to a third party during the suit.
  • Computing limitation from the date of the agreement rather than the date fixed for performance.

Frequently asked questions

What is the limitation for a specific performance suit?

Three years under Article 54 of the Limitation Act, 1963, computed from the date fixed for performance, or where no date is fixed, from when the plaintiff had notice that performance was refused.

Is specific performance still discretionary after the 2018 amendment?

The 2018 amendment recast Section 10 so that the court shall enforce specific performance subject to the exceptions in Sections 11(2), 14 and 16, making it the general remedy rather than a purely discretionary one.

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Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.