Non-enforcement except with Variation – Section 18 | Specific Relief Act

Section 18 of the Specific Relief Act, 1963 Provides that:

1. Applicability and Scope:

When the defendant sets up a variation then the plaintiff may have the contract specifically performed subject to the variation so set up only in cases of fraud, mistake of fact or misrepre­sentation or where the contract has failed to produce a certain legal result which the contract was intended to do or where the parties have subse­quent to the execution of the contract varied its terms. Obviously, the instant case is not covered by any of the situations contemplated by Section 18 of Specific Relief Act.

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2. Variation:

When the defendant sets up a variation then the plaintiff may have the contract specifically performed subject to the variation so set up only in cases of fraud, mistake of fact or misrepresentation or where the contract has failed to produce a certain legal result which the contract was intended to do or where the parties have subsequent to the execution of the contract varied its terms.