The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits

The Parliament has enacted The Specific Relief Act, 2018, thereby making substantive changes to the provisions of the Specific Relief Act, 1963. Three most essential aspects of the Amendment Act is relating to substitution of existing Section 10, 14 and 20 of the Specific Relief Act, 1963 with substituted provisions. Another ancillary aspect is as to whether the discretion in grant of Specific Performance, which was available to the Courts under the un-substituted Section 20 of the Specific Relief Act, 1963, would be available to the Hon'ble Court in suits / original proceedings, which were pending as on coming into force of the Amending Act, on account of such discretion having been taken away by substitution of Section 20 by the Amendment Act? In Satya Jain vs. Anis Ahmed Rushdie 8 SCC 131, the Hon'ble Supreme Court opined that the parameters for the exercise of discretion vested by Section 20 of the Specific Relief Act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. In light of the aforementioned legal principles and the judicial pronouncements, it can clearly be argued that the suits / original proceedings which had been instituted prior to coming into force of the Amendment Act and have remained pending hereafter, would be governed by substituted Section 10, 14 and 20 of the Specific Relief Act, 1963 and not by the un-amended provisions.