In a suit for specific performance of contract, the plaintiff must show that all conditions precedent have been fulfilled and also allege and prove a continuous readiness and willingness to perform his part of the contract. However, a substantial compliance with the provisions of Section 16(c) of the Specific Relief Act, 1963 is sufficient and the deposit of the consideration money into court by the plaintiff is a clear manifestation of his readiness and willingness to perform the contract.

JUDGEMENT :- Whether the impugned judgement and decree of specific performance of contract is liable to be set aside being hit by Section 16(c) of the Specific Relief Act, 1963 as the plaintiff had failed td aver performance of, or readiness and willingness to perform the contract according to its construction.

2. The plaintiff sued the defendant for 1 kani of land. The plaintiff sold the suit land to the defendant for a consideration of Rs. 300/- on the condition of re-purchase if the consideration amount was repaid within three years.

Thereafter it is averred by the plaintiff that he offered the consideration money of Rs. 300/- to the defendant in Pous, 1966 A.D. and asked the defendant to execute a deed of reconveyance in favour of the plaintiff. The defendant did not accept it. There was a panchayat on or about the 12th day of Jaistha, 1374 B.S. corresponding to 27-5-1966 wherein the plaintiff offered the money to the defendant and demanded due execution of the deed of reconveyance but without any success. As the causes of action arose in the month of Magh, 1374 B.S. and 12th of Jaistha, 1374 B.S. (27-5-1966 A.D.) on account of the refusal of the acceptance of the consideration money and refusal to reconveyance the land the plaintiff filed the suit in the court of the Munsiff, Dharmanagar and deposited a sum of Rs. 300/- in cash into court by a challan and prayed for a decree for reconveyance in respect of the suit land. The defendant contested the suit but did not take up any specific plea that there was no averment in the plaint as to the readiness and willingness to perform the contract by the plaintiff in his pleading. According td the defendant, there was no stipulation for reconveyance of the land as claimed by the plaintiff. The court of the first instance framed several issues but none touching the question as to the absence of averment as required under Section 16(c) of the Specific Relief Act, 1963, for short "the Act". The trial court decreed the suit. The appeal preferred by the appellant-defendant was abortive. Being aggrieved the defendant has brought the second appeal.

3. Mr. P.M. Palit, the learned counsel appearing on behalf of the appellant has urged that there is no averment in the plaint that the plaintiff had performed or had always been ready and willing to perform the contract and as such the impugned judgement and decree are liable to be set aside. No other point has been urged. According to the learned counsel specific performance of a contract cannot be enforced in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which were to be performed by him. Mr. Palit points out Order 6, Rule 6 of the Code and submits that an averment td the above effect is a condition precedent as contemplated under the said Rule. Order 6, Rule 6 reads as follows :-

"Condition precedent. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading."

4. A person is entitled to bring an action in respect of a certain right or to a certain sum of money, but in some cases he is required to do something before he can sue either by reason of the provisions of some statute or on account of some agreement between the parties. These are the conditions precedent. According to Mr. Palit, Section 16(c) of "the Act" enjoins a party seeking relief of specific performance of a contract to aver in the plaint the requisites set out in S.16(c) of "the Act". According to the learned Counsel the averment must be strictly in compliance with Forms Nos. 47 and 48 of Appendix A of the Civil P.C. Order 48, Rule 3 reads as follows :-

"Use