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1996 Supreme(All) 370

D.C.SRIVASTAVA
SUKHBIR SINGH – Appellant
Versus
BRIJ PAL SINGH – Respondent


Advocates Appeared:
N.K.SRIVASTAV, NEERAJ AGRAWAL, R.K.MISRA, R.N.SHARMA, SUNIL SINGH,

D. C. SRIVASTAVA, J.

Suit for specific performance of agreement to sell was dismissed by the trail court, but the appellate court reversing the judgment and decree of the trial Court decreed the suit. It is, therefore, this second appeal.

2. Learned counsel for the parties were heard and the record was perused.

3. Only three points were pressed from the side of the appellants. The first was that the plaintiffs were not possessed of ready balance money for getting the sale-deed executed, hence the decree of the lower appellate court is bad in law. The second point was that there has been no compliance of Section 16 (c) of the Specific Relief Act; and the last was that the suit was not filed on pro forma of plaint prescribed on Forms 47 and 48 of Appendix AA of the Code of Civil Procedure.

4. Coming to the third point first, it may be observed that Forms 47 and 48 of Appendix AA of the Code of Civil Procedure are not exhaustive what is required is that under these two forms there should be specific averment that the plaintiff has been and still is ready and willing to perform the agreement on his part of which the defendant has had notice. The same ingredient is to be found in paragra













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