Vidyalelo
Law · Q3

Specific Relief Act

Graduate and Post Graduate · Law · question 3

Q3

Suit for specific performance is claimed when applicant is . . . . . . . . .

A.
Necessary party
B.
Proper party
C.
Neither (A) nor (B)
Answer
D.
Both (A) and (C)

Answer: Option C

Solution

Answer: Option C
Solution:
Necessary party: This refers to a party whose presence is essential for the court to adjudicate all the issues involved in the case completely and effectively. However, being a necessary party is not specifically related to claiming specific performance.

Proper party: This refers to a party who has a direct and substantial interest in the outcome of the suit. In the context of specific performance, the applicant must be a proper party who has a legal right or interest in the contract being enforced.

Neither (A) nor (B): This option is incorrect because the applicant must be a proper party to claim specific performance.

Both (A) and (C): This option is incorrect as it suggests that the applicant must be a necessary party, which is not a requirement for claiming specific performance.

Therefore, a suit for specific performance is claimed when the applicant is a proper party.