LAW OF SPECIFIC RELIEF 281
I. The enactment which defines Specific Relief.
The law as to specific relief is contained in the Specific Relief Act I of 1877.
Before the passing of the Specific Relief Act the law as to Specific Relief was contained in Sections 15 and 192 of the Civil Procedure Code (Act VIII) of 1859.
The law was fragmentary. Section 15 dealt with declaratory decrees and Section 192 dealt with Specific performance of contracts.
The Act aims to define and amend the law relating to Specific Relief obtainable in Civil Court.
II. The nature of the Law of Specific Relief
- Laws fall into three categories,—
(a) Those which define Rights.
(b) Those which define Remedies.
(c) Those which define Procedure.
- Illustrations.
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The Law of Specific Relief belongs to the second category. It is a law which deals with Remedies.
The term ‘relief’ is only another word for remedy which a Court is allowed by law to grant to suitors.
III. What is meant by Specific Relief ?
Specific Relief is one kind of remedy recognized by law. Its nature can be best understood by distinguishing the different remedies which the law allows to a person whose right has been invaded.
A right to be real must have a remedy. No right can give protection if there is no remedy provided for its vindication. Law therefore invariably provides a remedy for a breach of a right.
The general remedy provided by law for a breach of a right is monetary repairation called compensation or damages.