300 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
I. For whom contracts may be specifically enforced.
Section 23 deals with the question Who may obtain Specific Performance ?
Clause (a) any party thereto.
Clause (b) (i) an assignee from a promisee.
(ii) Legal representative of a promisee after his death.
(iii) an undisclosed principal of a promisee.
Each of these may obtain Specific Performance of a contract in which he is interested, but each is subject to the proviso that the contract must not be a personal one, nor must the contract prohibit the assignment of the interest of the Promisee.
(c) Persons entitled to the benefit of a marriage contract or compromise of doubtful rights between members of the same family.
(d) Remainder man on a contract made by a tenant for life.
(e) Reversioner in possession.
(f) Reversioner in remainder.
(g) New company on amalgamation.
(h) Company on a contract made by the promoters.
Cases where contract cannot be specifically enforced except by varying it—Sec. 76.
(1) By mistake or fraud the contract is in terms different from that which the Deft, supposed it to be.
(2) Deft, entered into contract under a reasonable misapprehension as to its effect between Deft, and Plff.
(3) Enters into a contract relying upon some misrepresentation by the Plff.
(4) Where the object is to produce a certain result which the contract fails to produce.
(5) Where Parties have agreed to vary it.
Comment.
Sections 91, 92. Evidence Act.— A plff. cannot give oral evidence to make out a variation. It does not debar a deft, from showing that by reason of fraud or misrepresentation, the writing does not contain the whole contract; he can under provision 1 to S. 92 give oral evidence to prove that there is variation.