my partner in firm has filed for compensation in lieu of specific performance. He did not mention the specific relief. Is he liable to the compensation
In a recent UNIVERSAL PETRO CHEMICALS V. B.P.PCL judgement, the Supreme Court disallowed the claim for damages raised in lieu of specific performance of contract citing the reason that the plaintiff had not specifically sought the relief of compensation in the plaint. The Court referred to Section 21(5) of the Specific Relief Act which says : "No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to a amend the plaint on such terms as may be just, for including a claim for such compensation".