Mr. K. Kannan, J. (Oral):- The petition is against the rejection of a document tendered as secondary evidence before the trial court. This is a suit for specific performance and the plaintiff wanted to rely on the fact that the plaintiff was present on 03.05.2005 at the Sub Registrar, Barwala at 9 AM and the defendant had not come. The copy of affidavit prepared before the Sub-Registrar and got noted by him with an endorsement with the official seal was sought to be tendered as evidence. It was objected by the respondent on a plea that the document was not referred to in the plaint and the document as secondary evidence cannot be brought. The court has accepted the objection and the plaintiff who could not produce the copy of the document is before this court on revision.

2. In the suit for specific performance, the proof of readiness and willingness is a most crucial issue and if the plaintiff wants to tender evidence and that he was so willing and that he was even present before the Sub-Registrar on the date when he was required to be present, I would take that to be the most crucial evidence. If there is an averment regarding the readiness and willingness, how that readi