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Based on Agreement

 

INTRODUCTION : To file any case for breach of any clause or violation of any agreement/contract, the procedure of specific performance mentioned above, has to be applied.


SPECIFIC PERFORMANCE SUIT
1. Name of Act / Code / Rule
Specific Relief Act 1963 & Code of Civil Procedure, 1908
2. Name of service required (MAIN RELIEF) Performance of agreement / Contract
3. Limitation
when the right to sue first accrues (As per sec Article 58 of Indian Limitation Act
4. Description of Service
To get a direction/ order on the other side to follow the clause in agreement/Contract, like selling the property etc . . .
   5 . Documents required for the case :
 
a) Original agreement/contract pertaining to the property
b)
Copy of legal notice sent, if any
c) Postal receipts & acknowledgements, if any
d) Encumbrance Certificate
e) Market Value Certificate
6. Time required for filing case
1 to 2 days, provided all the necessary documents are submitted
7. Official court fees to be paid for the case As per Court Fee Act
   8.   Law Firm Expenses (As per Fee Structure)
 
a) Charges for legal notice : Rs.2,500 & above
b) Expenses for filing the case To be borne by client
c) Miscellaneous expenses for filing case To be borne by client
   9. Interim  Reliefs  Available
  Temporary Injunction
a. Name of Act / Procedure / Rule Order 39 Rule 1 & 2 of Code Of Civil Procedure
b. Nature of the Case Civil
c. Name of the Service
Temporary Injunction
d. Description of Service To get a temporary injunction order against other side restraining them from selling the property in dispute to others, etc . . .
e. Documents required
 
i) Original agreement/contract pertaining to the property
ii) Copy of legal notice sent, if any
iii) Postal receipts & acknowledgements, if any
iv) Encumbrance Certificate
v) Market Value Certificate 1 to 2 days, provided all the necessary documents are submitted
f. Law Firm Expenses : Depends on the case
g. Expenses for filing the case To be borne by Client
h. Miscellaneous expenses for filing case To be borne by Client
 
 

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