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Whether to file specific performance of contract or counter claim.


07-Sep-2026 (In Property Law)
In 2009, a agreement of sale was done between my me & others. Due to our good bonding, we both neglected it. But now they refused to fulfill. I have to file suit for specific performance but i neglected. Now the opponents filed for cancellation of agreement. And they made their own brothers as defendant no.1&2 & me as Def no. 3. They all have signed in the registered agreement. Now my question is whether i have to file separate suit for specific performance or counter claim.
Answers (2)

Answer #1
610 votes
When one person breaks a promise in a valid agreement, the court can issue an order of specific performance. This order forces the person to finish their exact duties instead of just paying money for the damage
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Answer #2
891 votes
Hello sir I went through the limited facts visible above based on that here is my suggestion Generally the limitation to file specific performance is 3 years . If you can give genuine reason for such delay, you can file specific performance case.
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