Law: Specific Relief Act, 1877

Section: 19

(a) Interpretation of statutes--- ----New enactment---Presumption---While framing new enactment legislature is well aware of law in field---Provisions in different Acts on the same subject may be read together in a complementary manner so that they do not create contradictions in the same field. (b) Specific Relief Act (I of 1877)--- ----S.19---Suit for specific performance of contract---Alternate relief---Compensation for breach of contract---Scope---Trial Court allowed plaintiff to add plea for compensation in his suit for specific performance of contract---Validity---Any person suing for specific performance of a contract could also ask for compensation for its breach, either in addition to or in substitution for such performance---Plea of plaintiff seeking compensation in addition to specific performance of contract could not be termed as illegal---No legal infirmity, irregularity or jurisdictional error in the order passed by Trial Court was found---High Court, in exercise of revisional jurisdiction, declined to interfere in order passed by Trial Court---Revision was dismissed in circumstances. ORDER ABDUS SATTAR ASGHAR, J.---This Civil Revision is directed against the order dated 25-9-2013 passed by learned Civil Judge Lahore whereby respondent was allowed to add plea for compensation in its suit for specific performance. 2. It is argued by the learned counsel for the petitioner that the permission sought for by the respondent to add plea for compensation could not be allowed before concluding that respondent is entitled to the relief for specific performance of the contract dated 6-12-2010; that the impugned order dated 25-9-2013 is against law and facts, illegal, without adhering to the facts of the case, without jurisdiction, untenable and liable to set aside. 3. Arguments heard. Record perused. 4. Succinctly facts leading to this Civil Revision are that respondent lodged a suit for specific performance of the contract dated 6-12-2010 against the petitioner on 9-4-2011. During the pendency of the suit respondent lodged an application under section 19 of the Specific Relief Act, 1877 which was accepted and the respondent was allowed to add the plea for…

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