Sections 29-30 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 29 allows a plaintiff suing for specific performance of a written contract to pray in the alternative that, if the contract cannot be specifically enforced, it be rescinded and delivered up to be cancelled. Section 30 says that when rescission is adjudged, the court may require the party who gets that relief to restore any benefit received and to make any compensation that justice requires.
This article follows the consolidated text of the Act consulted (amendments shown up to Act 18 of 2018). Later amendments should be checked before you rely on any provision.
Section 29: in a suit for specific performance of a contract in writing, the plaintiff may pray in the alternative that, if the contract cannot be specifically enforced, it be rescinded and delivered up to be cancelled; the court, if it refuses to enforce the contract, may direct rescission and delivery up. Section 30: on adjudging rescission, the court may require the party to whom relief is granted to restore, so far as may be, any benefit received from the other party and make any compensation to him which justice may require.
Section 29: the alternative prayer
The section reads: "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of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly."
Take the parts one by one.
- Who and what suit: "A plaintiff instituting a suit for the specific performance of a contract in writing". The contract must be in writing.
- The alternative prayer: the plaintiff may pray that "if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled". The primary claim is performance; the alternative is rescission.
- The court's power: "if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly". The word is "may": the court has discretion.
Why this matters: a plaintiff whose primary claim for performance fails would otherwise be left with a contract that still stands on paper. By praying in the alternative, he asks the court to deal with the contract itself in the same suit. The general grounds for rescission, and the court's power to refuse it, are in section 27; the text of section 29 does not say that those grounds are set aside, and it simply says the court "may direct" rescission and delivery up when it refuses to enforce.
An invented example: Pooja Developers sues Sandeep for specific performance of a written agreement to sell a flat. In the plaint it adds an alternative prayer that, if the agreement cannot be specifically enforced, it be rescinded and delivered up to be cancelled. If the court refuses performance, it may direct rescission and delivery up in the same suit.
If you are preparing such a suit, our team can help you plan the prayers in your plaint so that the alternative relief is not left out.
Section 30: doing equity
The section reads: "On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require."
The heading speaks of requiring the parties rescinding "to do equity". The elements:
- Trigger: the court has adjudged rescission of a contract.
- Who is required: "the party to whom such relief is granted", that is the party who obtains rescission.
- What: restore, "so far as may be", any benefit he received from the other party, and make "any compensation to him which justice may require".
- Discretion: the court "may" require this.
The point is fairness. The party who gets out of the contract is not left holding what he received from the other side. If he received money, goods or possession under the contract, the court may require him to give it back so far as that can be done, and to pay such compensation as justice requires. The Act does not give a formula for the compensation in section 30.
In the example above, if the court rescinds the agreement at Pooja Developers' instance and Pooja Developers had received an advance and possession of an adjoining plot as part of the dealings, the court may require it to restore those benefits so far as may be and to make such compensation as justice requires. For the Contract Act's rules on compensation to a party who rightfully rescinds, see our posts on compensation to a party rightfully rescinding a contract and on remission, rescission and restitution. Those posts are about the Contract Act and their section numbers are that Act's.
| Section | Rule | Key words |
|---|---|---|
| 29 | Alternative prayer in a suit for specific performance of a written contract | If it cannot be specifically enforced, rescinded and delivered up to be cancelled; court may direct |
| 30 | Equity on rescission | Court may require restoration of benefit, so far as may be, and compensation which justice may require |
How the two sections connect to the rest of the Act
Section 30 is the rescission counterpart of section 33, which gives the court a similar power when an instrument is cancelled; see section 33. Section 29's alternative prayer should be read with the rule that compensation and other reliefs should be claimed in the plaint: section 21 and section 22. If the first suit fails, section 24 bars a later suit for compensation for the breach, which is a reason to include the alternative relief in the original plaint.
Practical points
If your contract is in writing and you are suing for performance, consider whether the alternative prayer for rescission suits your case, because the text allows it. Keep a clear account of benefits that passed each way: payments, goods, possession, services. If you are the party seeking rescission, be ready to restore what you received, so far as may be. The Act prints no limitation period for these claims; for the time to sue see the Limitation Act article on cancellation of instruments, setting aside decrees and rescission of contract.
Need help with the prayers in a contract suit?
What you ask for in the plaint shapes what you can get. You can take a legal consultation on whether to add an alternative prayer, and on what you may be asked to restore if rescission is granted.
Key takeaways
- Section 29 applies to a suit for specific performance of a contract in writing.
- The plaintiff may pray that, if the contract cannot be specifically enforced, it be rescinded and delivered up to be cancelled.
- If the court refuses to enforce the contract, it may direct rescission and delivery up.
- Section 30 lets the court require the party who obtains rescission to restore any benefit received, so far as may be, and make compensation which justice may require.
Read next
- Section 27 of the Specific Relief Act, 1963: rescission of contracts, when adjudged or refused
- Section 33 of the Specific Relief Act, 1963: restoring benefit or compensation when an instrument is cancelled
- Sections 31-32 of the Specific Relief Act, 1963: cancellation of instruments, full and partial
Disclaimer: Based on a consolidated text of the Specific Relief Act, 1963 showing amendments up to the Specific Relief (Amendment) Act, 2018 (in force from 1 October 2018), as consulted on 2 October 2026. Later amendments, notifications under the Act and the law of limitation should be checked. This article is general information, not legal advice; check the official text before acting.