Supreme Court · 1999 INSC 317 · Decided 11 August 1999
Syed Dastagir v. T.R. Gopalakrishna Setty
- Court
- Supreme Court of India
- Citation
- 1999 INSC 317 · [1999] SUPP. 1 S.C.R. 351
- Case number
- CIVIL APPEAL No. 2061/1987
- Decided
- 11 August 1999
- Bench
- B.N. KIRPAL, S. RAJENDRA BABU, AJAY PRAKASH MISRA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 6; Specific Relief Act Section 16(c)
Headnote
B Specific Relief Act, 1963: Section 16(c)-Willingnes.s and readiness to perform one's part of contract-Plea of -Plaint~ff pleaded that defendant had received a part of C the total sale consideration-But defendant refused to accept halance amount and, therefore, plaintiff deposited it in set aside the decree on ground that plaintiff had not averred in his pleading that he was ready and willing to perform his. part of the contract-Held, the language D in S. I 6(c) does not require any specific phraseology but only that the plaintiff must aver that he has performed or has
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