JUDGMENT

DESAI, J.:— This appeal by special leave by the original plaintiff questions the correctness of the decree dismissing her suit for specific performance of contract for sale of premises No. 88-A, Rash Behari Avenue Calcutta, entered into between her and deceased Smt. Paribala Das on 8th Feb. 1956 for a consideration of Rs. 46,000/-. The agreement of sale, Ext. I, recites that Rs. 1001/- were paid as earnest money and subsequently the defendant vendor received a further sum of Rs. 2,000/- from the plaintiff intending purchaser. Various terms of agreement would be referred to in the course of this judgment. The plaintiff filed the suit for a decree for specific performance of the contract alleging that even though she is ready and willing to perform her part of the contract the defendant No. 1 has not completed the transaction and, therefore a decree for specific performance should be made in favour of the plaintiff. In this suit she impleaded vendor defendant No. 1 and her son Hrishikesh Das as Defendant No. 2. The suit was resisted by the defendants, inter alia, contending that the plaintiff was not ready and willing to perform her part of the contract more particularly saying that the vendor was in urgent need of money to pay off the mortgage debt and, therefore, she had entered into contract for sale of property and that time was of the essence of the contract and yet the plaintiff under one or the other false pretext put off performing her part of the contract so that the vendor was compelled to sell another valuable property bearing No. 86-A, Rash Behari Avenue, Calcutta. The trial Court after an elaborate examination of the evidence decreed the suit on 30th April 1962 directing "defendant No. 1 to execute and register a deed of sale in favour of the plaintiff in respect of the premises No. 88-A, Rash Behari Avenue, Calcutta, on receipt of the balance of consideration of Rs. 42,999 and a further sum of Rs. 500 if there be an excess land of 1 cottah 88 sq. ft. beyond 2 cottahs 2 chittaks 38 sq. feet or any money proportionate to the extent of the excess land, amicably within 30 days, of date, failing which the plaintiff do deposit in Court the consideration thus due, together with the cost of execution and registration and the draft of the conveyance with stamp for the conveyance within 15 days of the expiry of the 30 days for having the conveyance executed and registered through Court ........... In case of default on the part of the plaintiff in complying with the above order the suit shall stand dismissed with costs and that the sum of Rs. ....... be paid by the ........ to the ....... on account of the costs of this suit, with interest thereon at the rate of ........ per cent per annum from this date to date of realisation." The decree in terms of the operative portion hereinafter mentioned was drawn up on 16th May 1962. Since the date of the decree certain events occurred which would be noticed while examining the first contention on behalf of the appellant herein. Suffice it to say that the vendor preferred first appeal to the High Court of Calcutta on 11th April 1968. When the appeal appeared on the cause list and was taken up for hearing, an application under S. 5 of the Limitation Act supported by an affidavit was filed on 8th Aug. 1972 requesting the Court that in case the appeal is found to be barred by limitation the appellant before the High Court was prevented by a sufficient cause from preferring the appeal in time and, therefore, the delay should be condoned. The application for condonation of delay and the appeal were heard together and the High Court while holding that the appeal was barred by limitation, was further of the opinion that the vendor appellant before it was prevented by a sufficient cause from preferring the appeal in time, and accordingly condoned the delay. On merits, the High Court held that the vendor was always ready and willing to perform her part of the contract but the plainti