Dinesh Maheshwari, J.-Suit for specific performance of contract being Civil Original Suit No. 34/1983 filed on 5.1983 by the plaintiff-Narpat Singh was decreed after trial by the Civil Judge, Bali (District Pali) by the Judgment and decree dated 9.1987. The appeal preferred by the defendant-appellant Bheru Singh being Civil Appeal (Decree) No. 4/1987 was dismissed by the Additional District Judge, Bali on 17.1990. Hence, the unsuccessful defendant in two Courts below has preferred this second appeal under Section 100 of the Code of Civil Procedure (CPC).

2. The present second appeal was admitted by this Court on 110.1990 formulating the following

substantial question of law, -"Whether the lower Courts have seriously erred in holding that the suit was within limitation?"

3. Although the question of law so formulated by this Court requires consideration of the question of limitation only, however, the learned Counsel for the appellant urged at the time of hearing in the alternative that in the facts and circumstances of this case, the question as to whether the plaintiff has been able to establish his readiness and willingness to perform his part of the contract and further