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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
| Table of Content |
|---|
| 1. introduction of appeal and substantial question of law. (Para 1 , 2 , 3) |
| 2. factual background and context of the case. (Para 4 , 5 , 8) |
| 3. arguments presented by both parties. (Para 9 , 10 , 11) |
| 4. court's analysis of the agreement and legal requirements. (Para 12 , 14 , 15) |
| 5. ratio decidendi concerning contingent contracts. (Para 16 , 18) |
| 6. evaluation of plaintiff's readiness and conduct. (Para 19 , 20 , 21) |
| 7. final conclusion and judgment outcome. (Para 22 , 24 , 25) |
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
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The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
Plaintiff's failure to prove continuous readiness and willingness to perform contract negates entitlement to specific performance under Specific Relief Act.
(1) Amendment brought to Specific Relief Act by Act 18 of 2018 is prospective in nature and cannot be applied to those transactions which took place prior to amendment.(2) There is distinction betwee....
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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