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Procedure to be followed by plaintiff in suit for specific p

Procedure to be followed by plaintiff in suit for specific performance of contract if deft is suffering from mental illness

The Court finds that instead of instituting a suit for specific performance of
the agreement, the plaintiff preferred to intervene in the MHA proceedings.
However, it abandoned its interim application on 23.04.2001. Perusal of the
orders passed in the said proceedings reveals that on at least 10 occasions,
the counsel representing the plaintiff was not present and on 6 occasions,
he/she did not press the interim application.
28.The Court also finds merit the argument of the defendants that while
instituting the suit, the plaintiff never preferred an application under Order
XXXIX, CPC since the same would have resulted in the plaintiff
paying/depositing the balance sale consideration or at least a substantial partof it. It is settled law that the plaintiff must, at all times, be ready and willing
to pay the sale consideration to be entitled to the discretionary relief of

specific performance

IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 01.09.2015
CS(OS) 335/2005
SEWA INTERNATIONAL ..... Plaintiff
versus
KALAWATI MATHRANI & ORS. ..... Defendants
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
Citation;AIR 2016 (NOC)163 Delhi

https://www.lawweb.in/2016/02/procedure-to-be-followed-by-plaintiff.html