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Apprentice (Associate)     21 December 2012

Does filing of suit indicate readiness?

I had a debate with my senior. According to him filing of suit for specific performance indicates readiness.

What is your opinion??



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 5 Replies

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.

1 Like

R.K Nanda (Advocate)     14 January 2013

yes, it means readiness on part of plaintiff.


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