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Section 36

Alternative prayer for rescission in suit for specific performance

of Specific Relief Act 1950

ActIn forceProvision 33 of 52
Section 36

A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.