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Umabai v. Nilkanth Dhondiba Chavan (2005)

It is mandatorily required under Section 16(c) of the Specific Relief Act that parties are still ready and willing to perform their part as mentioned in the contract. Their willingness must be reflected from their conduct. The crux of the Supreme Court’s judgment has been given below.

Umabai v. Nilkanth Dhondiba Chavan

It is now well settled that the conduct of the parties, with a view to arrive at a finding as to whether the plaintiff-respondents were all along and still are ready and willing to perform their part of contract as is mandatorily required under Section 16(c) of the Specific Relief Act must be determined having regard to the entire attending circumstances. A bare averment in the plaint or a statement made in the examination-in-chief would not suffice. The conduct of the plaintiff-respondents must be judged having regard to the entirety of the pleadings as also the evidences brought on records.

Umabai v. Nilkanth Dhondiba Chavan (2005) 6 SCC 243

Shivendra Pratap Singh

Advocate

High Court Lucknow

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