performed or has
always been ready and willing to perform the essential terms of
the contract which are to be performed by him, other than ... Plaintiff was ready and willing to
perform his part of contract. Deposit in court would not establish
Plaintiff’s readiness and willingness within meaning
Padmini Raghavan vs H A Sonnappa on 11 October, 2013
Author: N. Kumar
Bench: N
distinction between readiness to perform
the contract and willingness to perform the contract. It was observed
that by readiness it may be meant the capacity ... There is a distinction between readiness to perform the
contract and willingness to perform the contract. By readiness
may be meant the capacity
sufficient to prove her readiness and willingness. It is true that averments with regard to readiness and willingness are there in the plaint, but, they ... personal knowledge either of the transaction or of his readiness and willingness. Readiness and willingness refer to the state of mind and conduct
readiness and willingness, he must prove his readiness
and willingness by such acceptable evidence on record.
The Explanation makes it clear, in proving his readiness ... whether the plaintiff was ready and was always
ready and willing to perform his part of contract.
53. Readiness and willingness refer to the state
performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than ... performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him except
performance must show that he has performed or offered to perform or is ready, able and willing to perform, all the essential acts required ... There is a distinction between readiness to perform the contract and willingness to perform the contract. By readiness may be meant the capacity
issue of readiness and willingness
to perform the contract. It is further submitted that willingness to
perform the contract is a state of mind, personal ... stipulated time.
17. Learned counsel for the Defendants submits that readiness
and willingness to perform the contract is one of the essential
ingredients
performed or has always been ready and willing to perform the essential terms of the 'contract which are to be performed by him other ... plaintiff was ready and willing to perform his part of the contract and had remained ready and willing to perform the same throughout, it would
admission of a document........................31
Conclusion and Principles.........................................................................35
Readiness And Willingness to Perform Essential Term Of Contract..........38
Specific Performance in context of absence ... gone into
witness box and given evidence to prove his readiness and
willingness to perform his part of contract and, therefore, in view
