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Section 12(2) of the Specific Relief Act, 1963 applies where the part which remains unperformed of the…

Section 12(2) addresses a party unable to perform the whole contract where the unperformed part bears only a small proportion to the whole in value and admits of monetary…

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Section 12(2) of the Specific Relief Act, 1963 applies where the part which remains unperformed of the contract is:

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Section 12(2) addresses a party unable to perform the whole contract where the unperformed part bears only a small proportion to the whole in value and admits of monetary compensation. The court may order performance of the part that can be performed and award compensation for the deficiency. A considerable unperformed part falls under the different conditions in section 12(3).

Current law: Section 12(2) retains the small-proportion and monetary-compensation requirements. It remains a statutory exception to the general rule against specific performance of only part of a contract.

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