Sale of Goods Act Section 58 — Specific performance

CHAPTER VI SUITS FOR BREACH OF THE CONTRACT

Commercial / Corporate

Summary

This section deals with a court order for specific performance in a suit about a breach of contract to deliver specific or ascertained goods. It applies subject to the provisions of Chapter II of the Specific Relief Act, 1877, meaning those provisions govern how this section operates.

In such a suit, the court may, if it thinks fit, and on the application of the plaintiff, pass a decree directing that the contract be performed specifically. This means the court can order the defendant to actually deliver the goods, rather than giving the defendant the option to keep the goods and simply pay damages instead.

The decree may be unconditional, or it may be made on such terms and conditions as the court deems just, including terms relating to damages or payment of the price. The plaintiff may make the application for specific performance at any time before the decree is passed.

Official Text

Subject to the provisions of Chapter II of the Specific Relief Act, 1877 (1 of 1877), in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or otherwise, as the Court may deem just, and the application of the plaintiff may be made at any time before the decree.