Relinquishment of Claims Under Section 12(3) of Specific Relief Act Valid at Any Litigation Stage

The Supreme Court clarified that under Section 12(3) of the Specific Relief Act, 1963, relinquishment of claims regarding the unperformed part of a contract can be made at any litigation stage, including appeal. 

It upheld the Madras High Court’s decision allowing a plea raised at the appellate stage.

Referring to Kalyanpur Lime Works v. State of Bihar (AIR 1954 SC 165) and Waryam Singh v. Gopi Chand (AIR 1930 Lah 34), the Court held that such claims need not be initially incorporated in the plaint or raised during the trial stage.

No error of law was found in the High Court's ruling.