• Chambers of Daksha Kumar

Specific Performance Suit - Trial court should frame the specific issue on readiness and willingness



The Supreme Court of India in the case titled V.S. Ramakrishnan vs. P.M. Muhammed Ali observed that a specific issue on readiness and willingness on the part of the plaintiff must be framed by the trial court in a suit for specific performance.


The bench was of the opinion that the object and purpose of framing the issue are so that the parties to the suit can lead the specific evidence on the same.


The Supreme Court further noticed that no specific issue was framed by the Trial Court on readiness and willingness on the part of the plaintiff, but gave the findings on the same and has nonsuited the plaintiff.


The court said that "such a finding could not have been given by the learned Trial Court without putting the plaintiff to notice and without framing a specific issue on the readiness and willingness on the part of the plaintiff.


There must be a specific issue framed on readiness and willingness on the part of the plaintiff in a suit for specific performance and before giving any specific finding, the parties must be put to notice. The object and purpose of framing the issue are so that the parties to the suit can lead the specific evidence on the same”.


The Supreme Court, therefore, remanded the case to the Trial Court to frame the specific issue concerning the readiness and willingness on the part of the plaintiff.

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