Specific Relief Act: Relinquishment of claim under Section 12(3) for part performance can be made at any stage of litigation, observes Supreme Court

The court while considering the facts and circumstances of the case stated that, "This court is of the view that no error, not to speak of any error of law could be said to have been committed by the High Court in passing the impugned order."

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The Supreme Court in the case Vijay Prabhu Versus S.T. Lajapathie And Ors observed that while seeking a part performance of the contract under Section 12(3) of the Specific Relief Act, 1963.

In the present matter the petition is filed which relates to the relinquishment of claims regarding the remaining part of the contract and all rights to compensation can be made at any stage of litigation, including the Appellate Stage.

The court in the case stated that, "This court may only say that the relinquishment of claim to further performance of the remaining part of the contract and all rights to compensation can be made at any stage of litigation. The court held the same in the case Kalyanpur Lime Works v. State of Bihar."