302 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
III. Persons against whom contract may be enforced
Section 27.
(i) Either party.
(ii) Any other person claiming under a party by a title arising subsequently to the Contract, [except a transferee for value without notice].
(iii) Any person claiming under a title which prior to the contract voidable and known to the plantiff, and might have been displaced by the defendant.
(iv) New company after amalgamation.
(v) Company in respect of the contract made by promoters.
IV. Against whom contract cannot be enforced
Section 28.
(i) Where consideration is grossly inadequate as to be evidence of fraud.
(ii) Where assent is obtained through misrepresentation; unfair practice or other promise not fulfilled.
(iii) Where assent is given under the influence of mistake of fact, misapprehension or surprize.
Specific Performance and Discretion of the Court
In granting Specific Relief, the important point is—When is the Court bound to grant Specific Performance Relief ? Obviously the Court cannot grant Specific Performance Relief in cases where the law provides that no Specific Performance Relief shall be granted. Such cases fall under three classes:
(i) Where the nature of the contract is such that law does not allow it to be specifically enforced.
(ii) Where the Plff. is a person in whose favour a contract cannot be specifically enforced.
(iii) Where the Deft. is a person against whom a contract cannot be specifically enforced.
There remain the following three cases in which a contract can be specifically enforced:—
(i) Where the contract is of such a (further pages not found — ed.)