Specific Relief Act Section 9 — Defences respecting suits for relief based on contract

Summary

In a lawsuit asking for relief related to a contract under this Chapter, the person being sued can raise any defence that is available to them under the general law of contracts. This means they are not limited to defences specific to this Act, but can use any legal argument that contract law allows. This applies unless this Act itself says otherwise.

Official Text

Except as otherwise provided herein where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts. CONTRACTS WHICH CAN BE SPECIFICALLY ENFORCED 1

Related Judgments

• MIS. CITADEL FINE PHARMACEUTICALS vs MIS. RAMANIYAM REAL ESTATES P. LTD. & ANR — Supreme Court of India (2011)
• NAIR SERVICE SOCIETY LTD. vs REV. FATHER K. C. ALEXANDER & ORS — Supreme Court of India (1968)
• The Hon’ble Justice Ajay Kumar Gupta; EC/231/2021; INDIA MEDIA SERVICE vs SBPL INFRASTRUCTURE LIMITED, WITH, EC/255/2022, IA NO: GA/1/2022, SBPL — Calcutta High Court (Kolkata Principal Seat) (2025)