413 Civil Revision No 194 of2010 4 OiKA9 Ill J 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decisionl July e 2010 Iil ChRon No 1942010 1 Silver Linc Builders Pvt Ltd 1 e Pctitioncr 0 Versus Ca3 Surinder and another 0CSpondcnts C I 1iilCivil Rcvision No 195 of2010 Silvcr Line Buildcrs Pvt Ltd Petitioner VersuS C Savitri and anothcr espondents I C45 CORAM HONBLE MR JUSlCE HEMANT GUPTA VS2 tl 1 Whelher Reportersoflocal papers may bc allowed to sec the judgmcnt2 2 To bc referred to thc Reportersor not7 3 Whethcr thejudgmenlshould be reportedin thc Digest2 Prescntl Shri Ashish Aggal Advocate for thc pctitioncr Nonc for the rcspondents Hctnant J 1Or11 This order shall disposeof Civil Revision No 194 and 195 of 2010 as both thcse petitionsraisc common questionsof law Parkash Om 2013.01.09 17: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document 414 l Civil Revision No 1940f20100060 121 and facts However for facilityof reference the facts are taken from Civil Revision No 194 of2010 Challenge ln the present petition 1S to an ordcr dated 201 12009 passed by the learned trial Court calling upon the plaintiffto produccFixed DepositReceiptof some Nationalised Banks of the balance sale consideration ln the nalne of the Court to show C that it is readyand willingnessto performits part of the agreement 0 0 The plaintiffpetitioner filed a suit for specificperformance 0 of the agreement dated 9 2 2006 In the said suit earlier thc I dcfendants were proceededexparte but after settingasidc of thc exparteproceedingsand after filing of the written statemenl but bcfore framingof the issues the learned trial Court passed the impugnedorder callingupon the plaintiHto depositthe balance sale I 08 consideration by way of Fixed Deposit Receiptof some Nationalised Bank ev Learned counsel for thc petitionerhas vehementlyargued Om that the plaintiff is requiredto pleadand provethat he was readyand willingnessto performhis part of the contract but the direction to deposit the balance sale consideration even before franing of thc tssues without grantingopportunityto the partiesto lead evidence is whollyinequitableillegaland unjust The plaintiHhas pleadcdthat it was readyand willingto performits part of the contract and such assertion is requiredto be proved by evidence lt is contended that the sale consideration has to be paid to the vendor at the tirne of registration of the sale deed The direction to deposit salc consideration in Court is not a payment to the vendor nor is Parkash Om 2013.01.09 17: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document 415 16 Civil Revision No 194 of2010 t 0 f1 131 contemplatedunder any provisionof law The plaintiH cannot be called upon to depositthe balance sale consideration as depositof sale consideration in Fixed Deposit is irrational unwarranted in law and on facts is contended that Forms N 47 and 48 Appendix41 of the Code of Civil Procedure contcmplateproformaofthe plaint of a SUit for specific performanceWhat is requiredto be pleadedis that the plaintiffis ready and willing to performhis part of the contract 0 but it is not necessary that the plaintiff should have readycash and C3 he should carry the same till the date of the decree I In The Bank of India Ltl and others V Jamsetii A H Chinoy and Messrs Chinov and Co AIR 1950 PrivyCouncil 90 it was held to the followingeffect It is true that plaintiffl stated that hc was buyingfor I himself that he had not sufTlcient readymoney to meet 08 the price and that no definite arrangements had bcen made for findingit at the time of repudiationBut in 7 order to prove himself readya11d willing a purchaser has not necessarilyto producethe money or to vouch a concluded schemefor flnancingthe transaction 13 Om In Mukhtiar Singh V M L Goeland another 1984 PLJ 21 it was held by a SingleJudgeof this Court to the followingeffect 449 It is next contended by the learned counsel for the appellantthat the plaintiH had to show that they had the requisiteamount from the date of execu8on of the sale deed till the date of the decree which theyfailed to show 10 I do not find any force lll this submission too No provisionof law or any precedent has been brought to my notice in that regard The relevant date for showingthat thc plaintiffs had the Alnds to pay the Parkash Om 2013.01.09 17: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document 416 Civil Revision No 194of2010 04M 141 1 Il consideration was the date when accordingto the agreement the contract was to be performed Therefore I rejectthe submission of the counse In Sukhbir Singh and others v Brii Pal Singh and others AIR 1996 Supreme Court 2510 it was held by the Honble Supreme Court to the followingeffectl 5 Law is not in doubt and it is not a condition that 0 the respondents should have readycash with them The C fact that theyattended the Sub Registrarsoce to have the sale deed executed and waited for the petitioners to e m 0 attend the offlce of the SuIRegistraris a posi8vefact to I prove that they had necessary funds to pass on consideration and had with them the needed money Z with them for prment at the time of registrationIt 1S sufficient for the respondents to establish that theyhad r thc capacityto pay the sale consideration It is not nccessarythat theyshould alwayscarry thc money with them from the date of the suit till date of the decree It a5 would therefore be clear that the courts below have appropriately exercised their discretion for grantingthe rclief of speciftcperformanceto the respondentson 7 sound principlesof law Qm In Umabai and another V Nilkanth Dhondiba Chavan fDeadl bv LRs and another 2005131 PLR 341the Honble Supreme Court has held that whether the plaintiff was ready and willing to performhis part of the contractmust be taken havingregardto the entire attendingcircumstances It was held to the followingeffect1 25 In terms Of Form Nos 47 and 48 of appended to AppendixA of the Code of Civil Procedure hc plaintiff must pleadthat he has been and still 1S ready and willing specificallyto perform the agreement on his part of which the defendant has had notice or the plaintiff is still readyand willing Parkash Om 2013.01.09 17: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document 417 Civil Revision No 194 of2010 to dr 04 151 to pay the of the said propertyto the defendant In view of the above the impugnedorders passedby the learned trial Court are not sustainable ConsequenOy the prescnt reVlSlOn petitionsare allowed The impugnedorders are set aside 0 r IHEMANTGUPTA 1 JUDGE 0 July 2010 3 C ds 9 Z C 08 2 Ll Qe r Parkash Om 2013.01.09 17: 24 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:22 I attest to the accuracy and integrity of this document