The Supreme Court on Wednesday (October 29) delivered a significant judgment which explained when should a plaintiff seeking specific performance of contract must also seek a declaration that the termination of the contract by the other party was invalid.

The Court distinguished between termination and wrongful repudiation of the contract, clarifying when a declaration seeking invalidation of the contract needs to be sought by the plaintiff before seeking specific performance of the contract.

The Court explained that when a contract expressly confers a right to terminate, and one party exercises that right (for instance, due to delayed payment or breach), the termination carries prima facie legal validity. This creates a “doubt” on whether the contract still subsists. In such cases, the

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