I had a debate with my senior. According to him filing of suit for specific performance indicates readiness.
What is your opinion??
Apprentice (Associate) 21 December 2012
I had a debate with my senior. According to him filing of suit for specific performance indicates readiness.
What is your opinion??
Advocate Rohit (Advocate) 21 December 2012
if first party files a specific performance suit against the second party, it indicates that the first party is ready to perfom its part obligation or has already performed its part obligation and now the second party needs to perform their part of obligation.
Regards,
Advocate Rohit Dalmia
Mumbai
Chetan Joshi (Advisory/Advocacy) 22 December 2012
Whats wrong about readiness....It flows out of a rights conferred via contract...
Apprentice (Associate) 22 December 2012
Chetan - can you pls elaborate as I don't understand?
Adv Rohit, filing a suit for specific performance need not indicate readiness but can sometimes be used as instrument of oppression. The Court is not bound to grant specific performance merely because a suit is filed for specific performance
Thank you both for participating in this discussion :-) I am learning a lot, I only wish others would also contribute more.
Advocate Rohit (Advocate) 22 December 2012
The party who approaches court for obtaining order under specific performance needs to satisfy the court that they are ready and willing to perform their obligation and would like the other party to also perform their part of obligations.
Its true that this tactics are used as an oppression measure. But the Court passes such orders based on merits and circumstances of the case.
But the basic line is the party who approaches the court has to show its willingness to perform its obligation.
R.K Nanda (Advocate) 14 January 2013
yes, it means readiness on part of plaintiff.