can a plaintiff file a suit for specific performance without issuing notice to defendant?

0 votes
Sir i need a citation or advice in circumstances where the Plaintiff can sue the defendant for speciffic performance of the agreement of sale directly without issuing notice to the defendant. Pls help
asked Mar 4, 2014 by attorney jagadeesh (120 points)

1 Answer

+1 vote
Dear Sir,

In Specific Performance case written notice is not mandatory. Demand and refusal to perform  the demand from the opposite party is essential, it can be oral or written, depends on pleadings,evidence and circumstances of the case.
answered Mar 13, 2014 by Laknareddy (220 points)
Thank you sir.. Any citation in this regard by Supreme court
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