Specific Relief or Equitable Remedy
Introduction
Substantive laws generally provide remedies. For instance, the law of contract provides the remedy of damages for breach of contract. Although the Specific Relief Act is a procedural law, it is based on rules of justice, equity, and good conscience. Therefore, it provides various kinds of specific. relief or equitable remedy against violation of legal rights. It will be fair to mention that the objective of the Specific Relief Act is to ensure that there must be a remedy whenever there is a wrong.
Definition of Specific Relief or Equitable Remedy
Specific relief or equitable remedy can be defined as a relief through which a party is compelled to do some act or is refrained from doing some act.
Following are two examples of specific relief
- Injunction
- Specific performance of a contract
Injunction
When Bashir forcibly constructs a room on Ahmad's land without Ahmad's consent, Ahmad can file a suit of injunction against Bashir and the court can prevent Bashir from such construction. In this case, relief, which is provided against Bashir, is an injunction, which is a kind of specific relief.
Specific Performance of a Contract
Bashir makes a contract of sale with Ahmad for the sale of his house to Ahmad against payment of consideration of ten lakh rupees. This consideration is paid, but Bashir refuses to transfer the house in favor of Ahmad. Now Ahmad can file a suit for specific performance of the contract against Bashir and the court can order Bashir to transfer his house to Ahmad according to the contract. In this suit, relief, which can be provided against Bashir, is the specific performance of the contract, which is a kind of specific relief.
Explanation
The following points are important for further explanation of specific relief or equitable remedy:
Positive & negative relief
When can specific relief be granted?
Obligation of court
Enforcement of a penal law
Positive & Negative Relief
Specific relief can be either positive or negative.
When Can Specific Relief Be Granted?
Specific relief can only be granted when the plaintiff makes a prayer for it in his/her sui. However, specific relief can also be granted without prayer when such relief merits to be granted.
Obligation of Court
If prayer is made or is not made for awarding specific relief it becomes the obligation of the court to grant such relief, especially in a suit in which the plaintiff deserves such relief on merits.
Enforcement of a Penal Law
Specific relief cannot be granted for the mere purpose of enforcing a penal law.
How Is Specific Relief or Equitable Remedy Given?
Through either of the following modes, specific relief or equitable remedy can be given:
Specific Performance of Contract
The court can order for specific performance of the contract by ordering a party to do that act, which such party is under an obligation to do.
Injunction
The court can award specific relief in the form of an injunction by preventing a party from doing a certain act. Specific relief can be granted either through temporary injunction or through perpetual injunction
Rescission of Contract
If a written contract is voidable or terminable by the plaintiff if the contract is unlawful and the defendant is more blameworthy or if a decree of specific performance of the sale of a contract or a decree of a contract to take a lease has been made and the purchaser or leaseholder does not make payment, the court can order to rescind the contract
Declaration of Right
The court can grant specific relief to determine and declare the rights of parties.
Appointment of Receiver
Appointment of the receiver is also a kind of specific relief. Through this kind of relief, a receiver can be appointed in a dispute over a matter between two parties to look after affairs of the matter until the decision of the case.
Rectification of Instrument
The court can award specific relief for rectification of a written contract or another instrument in a case in which such contract or other instrument does not truly express the intention of parties through fraud or a mutual mistake of parties.
Cancellation of Instrument
The court can award specific relief for the cancelation of a written instrument in a case in which there is a voidable written instrument and there is apprehension that if such instrument is left standing, it can cause serious injury to the plaintiff.
Recovery of Possession
The court can award specific relief to take possession of to certain property and deliver it to its claimant.
Conclusion
To conclude, it can be stated that a plaintiff can only avail some specific relief when he/she makes his/her case successful based on his/her strong points and not based on his/her opponent's weakness.