The real object
of giving specific relief is to protect some civil right of a person or to
protect wrong being done to him. Specific relief would be granted if this is
the object of the suitor. But it would not be granted, if the sole object and
result of the specific relief claimed is the enforcing of penal law. This Act
does not restrict a person’s remedies. It provides for equitable remedies. A
person is not bound to sue for a particular relief. It is for the party himself
to choose whether he may ask for specific performance or mere damages.
Therefore, in
case of breach of contract, if the remedies provided by monetary compensation
is not adequate and there is not possible to determine the slandered of
damages. Specific relief will be granted in order to ensure the ends of
justice. This is the sole object of Specific Relief Act, 1877. And this Act
extends to the whole of Bangladesh.
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