When Should Plaintiff In Specific Performance Suit Seek Declaration That Contract’s Termination Was Invalid : Supreme Court Explains

The Supreme Court of India clarified when a plaintiff in a specific performance suit must additionally seek a declaration that a contract’s termination was invalid. It distinguished between cases where termination was done per contractual terms (requiring a declaratory relief first) and where termination was wrongful or void (allowing direct suit for specific performance). The Court held that specific performance can be sought only for a subsisting contract, and readiness and willingness by the plaintiff must be clearly shown. This judgment refines the procedural and substantive aspects of specific performance claims under the Specific Relief Act and ensures clarity on when declaratory relief is mandatory.