Specific Performance of a Contract After the 2018 Amendment (2026)
How specific performance of a contract works after the 2018 amendment made it a general rule, the bars that still apply, the limitation period, and how to sue. Last verified October 2026.
Explainer · Civil Law · Specific Relief
Specific performance is a court order that makes a party actually do what the contract promised, instead of only paying damages. After the Specific Relief (Amendment) Act, 2018, this remedy changed from a discretionary one to a general rule. Under the amended Section 10 of the Specific Relief Act, 1963, a court must enforce a contract specifically, subject to limited bars. This page explains the new rule, the bars that still apply, the limitation period, and how to sue. Last verified October 2026.
- What it is: a court order making a party actually perform the contract, not just pay damages.
- The 2018 change: the amended Section 10 makes specific performance a general rule, subject to Sections 11(2), 14 and 16, not a discretion.
- Bars: contracts under Section 14, the personal bars in Section 16, and readiness and willingness to perform.
- Limitation: three years under Article 54 of the Limitation Act, from the date fixed for performance or from notice of refusal.
01The problem, and why 2018 matters
You sign an agreement to buy a specific property. The seller changes his mind and offers to return your money with a little extra. Money is no substitute for that plot, so you want the sale itself, not damages. The question is whether a court will order the seller to perform the contract.
Before 2018, the answer was uncertain, because specific performance was discretionary and was granted mainly where damages were an inadequate remedy. The Specific Relief (Amendment) Act, 2018 changed this. Specific performance is now a general rule, which gives contracting parties far more certainty that a promise will be enforced as made.
02The old rule and the new rule
The 2018 amendment substituted Section 10 of the Specific Relief Act, 1963. The shift is from discretion to entitlement.
| Point | Before 2018 | After 2018 |
|---|---|---|
| Nature of the relief | Discretionary with the court | A general rule the court must enforce |
| Test | Granted mainly where damages were inadequate | Enforced subject to limited statutory bars |
| Governing section | Old Section 10 and Section 20 (discretion) | Substituted Section 10, read with Sections 11(2), 14 and 16 |
Under the amended Section 10, a court shall enforce specific performance of a contract, subject to the provisions in Sections 11(2), 14 and 16. The older discretionary considerations, which lived in Section 20, were removed and that section was recast.
03When specific performance is barred
The general rule is not absolute. Specific performance can still be refused in defined situations:
- Contracts that cannot be specifically enforced (Section 14). The amended Section 14 lists these, for example a contract the performance of which involves continuous duties the court cannot supervise, or where the party has obtained substituted performance under Section 20.
- Personal bars to relief (Section 16). A person who has not performed, or who was not ready and willing to perform, their part of the contract cannot get specific performance.
- Contracts not enforceable at all. A void or otherwise unenforceable agreement cannot be specifically performed.
Readiness and willingness still matter
Even under the new rule, you must show you were ready and willing to do your part of the contract. The 2018 amendment eased how this is pleaded, but the substance remains: a defaulting party does not get specific performance.
04Substituted performance and special courts
The 2018 amendment added two practical tools:
- Substituted performance (Section 20). If a party breaks the contract, the other party can, after notice, get the work done by a third party or by its own agency, and recover the cost from the party in breach. If it takes this route, it cannot also claim specific performance of the same contract.
- Special courts for infrastructure (Section 20A and related provisions). The amendment provided for special courts and time-bound disposal for contracts relating to specified infrastructure projects, to reduce delay.
These changes aim to make contract enforcement quicker and more certain, which was the stated purpose of the amendment.
05Who can sue, where, and limitation
A party to the contract, or a person claiming under them, can sue for specific performance. The suit is filed in the civil court that has jurisdiction over the subject matter, usually where the property is situated or where the defendant resides or the cause of action arose.
On limitation, Article 54 of the Limitation Act, 1963 gives three years for a suit for specific performance. Time runs from the date fixed for performance, or, if no date is fixed, from the date when the plaintiff has notice that performance has been refused.
A suit for specific performance has a three-year window. Fix the date of performance in the contract, or the clock starts only when refusal is clear.
06Documents, fees, and appeal
Keep the signed agreement, proof of payment or part payment, correspondence, and any notice you sent demanding performance. These show both the contract and your readiness and willingness.
Court fee on a specific performance suit is usually ad valorem, calculated on the value of the contract or the property, and is governed by the court fees law of the state where you file, so the exact amount varies. A decree can be challenged by the usual first appeal, and then a second appeal or special leave, as the value and the court allow.
Where a money claim is the real aim, damages or a permanent injunction may fit better. Where you need a party compelled to do a positive act outside a sale, consider a mandatory injunction.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Whether a court orders the sale or lets the seller walk away with damages depends on readiness and willingness, the bars in Sections 14 and 16, and how judges have taken to the post-2018 general rule. Claw puts that case law at hand. Its judgment library runs to more than 30 crore decisions, reaching Supreme Court rulings from 1950 and High Court rulings from 1990, and a query on the amended Specific Relief Act usually returns in under 5 seconds. You can also keep a live suit in view, following its orders and hearing dates across the 9,102 courts, benches and forums Claw tracks, by party or advocate name.
Claw does not use customer case documents to train AI models, so your agreement and pleadings stay yours. Open a free Claw account to follow a specific performance suit by party or advocate name. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (Specific Relief Act, 1963 as amended): indiacode.nic.in
- PRS Legislative Research (Specific Relief (Amendment) Act, 2018): prsindia.org
- Indian Kanoon (case law on specific performance): indiankanoon.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law turns on the facts and on later judgments, so check the current text of the Specific Relief Act and take advice from counsel before you act.
09Frequently asked questions
Is specific performance now a right after the 2018 amendment?
Largely yes. The Specific Relief (Amendment) Act, 2018 substituted Section 10 so that a court must enforce specific performance as a general rule, subject to the bars in Sections 11(2), 14 and 16. It is no longer a discretionary relief granted only where damages are inadequate.
When can a court refuse specific performance?
A court can refuse it for contracts that cannot be specifically enforced under Section 14, for the personal bars in Section 16, and where the plaintiff was not ready and willing to perform. A void or unenforceable agreement also cannot be specifically performed.
What is substituted performance?
Substituted performance, added by the 2018 amendment in Section 20, lets a party whose contract is broken get the work done by a third party or its own agency, after notice, and recover the cost from the party in breach. A party who takes this route cannot also claim specific performance of the same contract.
What is the limitation period for a specific performance suit?
Article 54 of the Limitation Act, 1963 gives three years. Time runs from the date fixed for performance, or, if no date is fixed, from the date when the plaintiff has notice that performance has been refused.
Where is a suit for specific performance filed?
It is filed in the civil court with jurisdiction over the subject matter, usually where the property is situated or where the defendant resides or the cause of action arose. Court fee is usually ad valorem and varies by state.
Can I track a specific performance suit in Claw?
Yes. You can search more than 30 crore judgments, usually in under 5 seconds, to see how courts have applied the amended Section 10 and the bars in Sections 14 and 16, and follow your suit through its orders and hearing dates across the 9,102 courts, benches and forums Claw tracks. It tracks and researches the matter but does not give legal advice.