Damages in Lieu of, or in Addition to, Injunction – Section 40 | Specific Relief Act

Section 40 of the Specific Relief Act, 1963 Provides that:

1. Obligation of Court:

On aspects of notice of events after institution of suit it was held that:

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“Ordinarily, a suit is tried in all its stages on the cause of action as it existed on the date of its institution. But it is open to a Court includ­ing a Court of appeal to take notice of events which have happened after the institution of the suit and afford relief to the parties in the changed circumstances where it is shown that the relief claimed originally has (1) by reason of subsequent change of circumstances become inappropriate; or (2) where it is necessary to take notice of the changed circumstances in order to shorten the litigation, or (3) to do complete justice between the parties.”

2. Purpose of:

On aspects of notice regarding subsequent events it was held that:

“It is true that the Court can take notice of subsequent events. These cases are where the Court finds that because of altered circum­stances like devolution of interest it is necessary to shorten litiga­tion. Where the original relief has become inappropriate by subse­quent events, the Court can take notice of such changes. If the Court finds that the judgment of the Court cannot be carried into effect because of change of circumstances, the Court takes notice of the same. If the Court finds that the matter is no longer in contro­versy the Court also takes notice of such event. If the property which is the subject-matter of suit is no longer available the Court will take notice of such event. The Court takes notice of subsequent events to shorten litigation, to preserve rights of both the parties and to sub-serve the ends of justice.”