Readiness and Willingness in Contract Performance - The core requirement for specific performance or related claims is that the party must prove they were ready and willing to perform their contractual obligations, especially payment of consideration. This involves demonstrating the availability of funds or resources necessary to fulfill the contract from the date of execution until the decree. Several cases emphasize that merely claiming readiness is insufficient; proof of actual availability of consideration or capacity to perform is essential. For example, it is stated that The amount which he has to pay the defendant must of necessity be proved to be available ["2025 Supreme(Online)(Mad) 8512"], and The amount which he has to pay the defendant must be of necessity to be proved to be available ["2025 Supreme(Online)(P&H) 8452"]. Furthermore, courts have clarified that showing funds in court or being prepared with demand drafts can establish readiness, as in the case where plaintiffs remained present in the office of the Sub-Registrar with the balance sale consideration in the form of two demand drafts ["2025 Supreme(Online)(P&H) 8452"].
Legal Interpretation of 'Ready and Willing' - The legal standard does not require cash to be physically ready at all times but rather that the party was always capable of performing their part of the contract. Courts have held that it is not necessary for respondent nos.1 and 2 to show that they have cash ready with them ["2023 Supreme(Online)(MAD) 25589"], and that the law is not in doubt and it is not a condition that the respondents should have ready cash with them ["IND171122"]. The emphasis is on the capacity to perform, which can be demonstrated through evidence of available funds or resources.
Evidence and Documentation - The availability of original documents is crucial for establishing readiness. Courts have noted that all the material documents are available in original ["2023 Supreme(Online)(MAD) 25589"], and that the absence of some documents does not necessarily imply non-readiness, as secondary evidence can be admissible ["2023 Supreme(Online)(MAD) 25589"]. In cases of land or property transactions, discrepancies in measurements or land extent can impact the assessment of readiness, but courts have found that the appellant was ready and willing to pay the balance sale consideration for the actual extent of land available ["INDHC_HCMA010563392018"].
Readiness in Specific Contexts - For goods or commodities, such as garments, ready-made garments are understood as items available in standard sizes and shapes, ready for immediate use or sale ["IND2700021225"]. In contractual or commercial contexts, the term ready also pertains to goods that are manufactured and available for delivery without delay.
Summary and Conclusion - In essence, Ready Available in a Ud Case refers to the demonstration that the party had the necessary funds, documents, or resources readily accessible and available to perform their contractual obligations at the relevant time. Courts focus on tangible proof of capacity, such as funds in hand or original documents, rather than mere assertions. The legal standard is that the party must have been prepared and capable of performance throughout the relevant period, with actual or constructive proof supporting this claim ["2025 Supreme(Online)(Mad) 8512"] ["2025 Supreme(Online)(P&H) 8452"].
References:- ["2025 Supreme(Online)(Mad) 8512"]- ["2025 Supreme(Online)(P&H) 8452"]- ["IND000075300"]- ["IND171122"]- ["IND2700021225"]- ["INDHC_HCMA010563392018"]
