Supreme Court has expounded that the Power to order the Specific Performance of Contract is discretionary and cannot be claimed as a matter of right.
In relation to the grant of Specific Performance, Supreme Court Bench stated that power to order specific performance of contract is discretionary and parties cannot claim it as a matter of right.
Bench further added that,“It is a well settled law that the power to order specific performance of contract is discretionary and parties cannot claim it as a matter of right although it is lawful but such discretion should be exercised judicially and prudently”.
SC Bench stated that,”The possibility of injury to the interest of third party does not, by itself, disentitle the plaintiff from specific performance but it depends upon the facts and circumstances of each case which will be considered by the court in the exercise of its discretion”.
Apex Court Bench of comprising of Justice RK Agrawal and Justice AM Sapre was hearing a case relating to transfer of property.