Section 58 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 58 allows a court, in a suit for breach of a contract to deliver specific or ascertained goods, to direct that the contract shall be performed specifically, so that the seller must hand over the goods instead of merely paying damages. The decree may be unconditional or on terms, and the plaintiff may apply for it at any time before the decree. This article follows the text of the Act consulted (latest amendment shown: Act 28 of 1993); amendments after that should be checked in the official text.
Subject to Chapter II of the Specific Relief Act, 1877 as printed in the copy consulted, in any suit for breach of a contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the plaintiff's application, direct by its decree that the contract be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. The decree may be unconditional or on such terms as to damages, payment of the price or otherwise as the Court deems just. The application may be made at any time before the decree.
An out-of-date reference in the text
The section begins: "Subject to the provisions of Chapter II of the Specific Relief Act, 1877 (1 of 1877)". The copy consulted still prints the Specific Relief Act, 1877. The reader should check the current law for the corresponding provision. This article names no replacement provision and says nothing about what that law now provides. The Act now in the statute book on specific relief can be found through our post on the Specific Relief Act, 1963: introduction, and it should be checked directly. A suit under section 58 is a court matter, and our commercial suit filing service prepares the plaint and documents for commercial disputes.
The words of the section, one by one
"Subject to the provisions of Chapter II of the Specific Relief Act, 1877 (1 of 1877), in any suit for breach of contract to deliver specific or ascertained goods, the Court may, if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages."
1. "In any suit for breach of contract to deliver specific or ascertained goods". The remedy is limited to contracts to deliver specific or ascertained goods. "Specific goods" is defined in section 2(14) of this Act as "goods identified and agreed upon at the time a contract of sale is made". The definition clauses of section 2 do not define "ascertained goods", and section 18 speaks of unascertained goods. See our article on definitions of goods, buyer, seller, price and property.
2. "The Court may, if it thinks fit". The power is discretionary. Nothing in the section says the plaintiff is entitled to the decree.
3. "On the application of the plaintiff". The decree is given on the plaintiff's application. A buyer suing for non-delivery under section 57 may apply for this relief; see our article on damages for non-delivery.
4. "By its decree direct that the contract shall be performed specifically". The decree directs performance of the contract itself.
5. "Without giving the defendant the option of retaining the goods on payment of damages". This is the distinctive phrase. A defendant who is ordered to perform specifically cannot choose to keep the goods and pay damages instead.
The terms of the decree
"The decree may be unconditional, or upon such terms and conditions as to damages, payment of the price or otherwise, as the Court may deem just".
So the Court has a choice between:
- an unconditional decree; or
- a decree on terms and conditions "as to damages, payment of the price or otherwise", as the Court deems just.
The words "or otherwise" show that the three named matters are not an exhaustive list. The Act states no formula for what terms are just.
When the application may be made
"and the application of the plaintiff may be made at any time before the decree." So the plaintiff need not ask for specific performance in the plaint; the section allows the application at any time before the decree. The section does not say whether the Court may refuse a late application, and it prescribes no form for the application; the text is silent.
Example (our own, not from the Act): Narang Motors contracts to buy a particular second-hand crane, identified by its registration, from Bedi Cranes for a price payable on delivery. Bedi Cranes refuses to deliver. Narang Motors sues for damages for non-delivery and, before the decree, applies for specific performance because no other crane will do. Under section 58, the Court may, if it thinks fit, direct by decree that the contract be performed specifically, without giving Bedi Cranes the option of keeping the crane on payment of damages, and may do so on terms as to the price payable.
For a dispute that has reached the stage of a suit, the contract, the identification of the goods and the delivery default should be put in clear order.
Where section 58 fits
| Remedy | Section | Conditions in the text |
|---|---|---|
| Suit for the price | 55 | Property passed and buyer wrongfully neglects or refuses to pay; or price payable on a day certain |
| Damages for non-acceptance | 56 | Buyer wrongfully neglects or refuses to accept and pay |
| Damages for non-delivery | 57 | Seller wrongfully neglects or refuses to deliver |
| Specific performance | 58 | Breach of contract to deliver specific or ascertained goods; Court "may, if it thinks fit" |
| Breach of warranty | 59 | Buyer set-off or damages |
| Repudiation before due date | 60 | Wait or rescind and sue |
Specific relief also has its own law on movable property; our site has a post on recovery of specific movable property under the Specific Relief Act, 1963 and one on specific performance of contracts under that Act. Those are posts on another Act; nothing in this article is taken from them, and the reader should check the current law directly.
What the section does not say
- It does not say in which cases a Court should decline the decree. It speaks of "if it thinks fit".
- It does not say how the identity of the goods is to be proved.
- It gives no limitation period. Time limits are in a separate law; see our post on the Limitation Act, 1963 articles on specific performance and compensation.
- It says nothing about goods that are neither specific nor ascertained.
Practical points
- Identify the goods in the contract. Serial number, location and description make the goods "specific".
- Decide early whether you want the goods or damages. The application may be made at any time before the decree, but the pleadings and evidence are easier to prepare when the aim is fixed.
- Keep proof of readiness. Where the price is payable, evidence that the buyer is ready to pay supports an order on terms as to the price.
- Check the current law on specific relief before filing. The statutory reference in section 58 is to an Act of 1877.
Need help with a suit for delivery of specific goods?
Where only the goods themselves will do, the pleadings and the proof of identity matter from the start. We can prepare the documents for a commercial suit filing and advise on whether specific performance, damages or both fit your facts.
Key takeaways
- Section 58 applies to a suit for breach of a contract to deliver specific or ascertained goods.
- The Court may, if it thinks fit, on the plaintiff's application, direct specific performance without giving the defendant the option of retaining the goods on payment of damages.
- The decree may be unconditional or on terms as to damages, payment of the price or otherwise.
- The application may be made at any time before the decree.
- The Specific Relief Act, 1877 reference is quoted as printed; check the current law.
Read next
- Sections 56-57 of the Sale of Goods Act, 1930: damages for non-acceptance and non-delivery
- Section 59 of the Sale of Goods Act, 1930: remedy for breach of warranty
- Section 60 of the Sale of Goods Act, 1930: repudiation before the due date
- Section 21 of the Specific Relief Act, 1963: compensation in a suit for specific performance
Disclaimer: Based on the consolidated text of the Sale of Goods Act, 1930 consulted on 2 October 2026, whose latest amendment shown is Act 28 of 1993. It explains the words of the statute only; later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.