Under Section 9 of Specific Relief Act,the person against whom the relief is claimed may plead by way of defense any ground which is available to him

All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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36.

Under Section 9 of Specific Relief Act,the person against whom the relief is claimed may plead by way of defense any ground which is available to him

A: Under law of trots

B: Under any law relating to contracts

C: Under IPC

D: Under Cr.P.C

The answer is: B

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Explanation

The correct option is B: Under any law relating to contracts.

Section 9 of the Specific Relief Act, 1963 states that "Except as otherwise provided herein, where any relief is claimed under this Chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law relating to contracts."

This means that the defendant can raise any valid defence that is recognized by the contract law, such as fraud, mistake, coercion, undue influence, illegality, impossibility, etc. The defendant cannot plead any ground that is irrelevant or extraneous to the contract, such as torts, crimes, or procedural matters. The purpose of this section is to limit the scope of the suit for specific performance or other relief based on contract to the issues arising out of the contract itself and not to allow any collateral or ancillary matters to be raised by the defendant.