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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Gendram S/o Jhuru Sahu – Appellant
Versus
Krishna Verma (Died) Chandrika Verma W/o Late Krishna Verma – Respondent
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. This is defendants’ Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 against the judgment and decree dated 4-2- 2017 passed by the District Judge, Bemetara, District Bemetara, CG in Civil Appeal No. 08-A/2015 by which the appeal filed against the judgment and decree dated 30-9-2015 passed by Civil Judge, Class-1, Bemetara, District Bemetara in Civil Suit No.05-A/2013 (Annexure A/2) has been dismissed.
2. This appeal has been admitted by this Court on 21-10-2024 on the following substantial question of law:
“Whether the plaintiff succeeded to prove willingness to perform his part and the Court below justified in holding that the plaintiff was ready to perform his part whereas no notice, was issued to the defendants?.
3. For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the Civil Suit No. 5-A/2013.
4. Brief Facts reflected from the plaint averments are that:
A. The plaintiff filed a suit before learned Civil Judge Class-1, Bemetara on 17-6-2013 for specific performance of contract mainly contending that the agreement dated 24.04.2007 was executed between the plaintiff and the
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A plaintiff seeking specific performance must prove continuous readiness and willingness to fulfill the contract's terms, especially when time is considered essential, otherwise relief can be denied.
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