In CR-5961-2018 (O&M)-PUNJ HC- Plea of readiness & willingness is required to be proved by plaintiff in accordance with Sec.16 of SRA; Failure on defendants' part in furnishing reply to this plea shall not be construed as their admission regarding it: P&H HC
Justice Anil Kshetarpal [13-09-2022]

Read Order: Savinder Kaur (since deceased) through Lrs and Another v. Ajit Singh

Monika Rahar

Chandigarh, October 4, 2022:  While holding that the plea of readiness and willingness is required to be proved by the plaintiff in accordance with Section 16 of the Specific Relief Act, 1963, the High Court of Punjab and Haryana has opined that the failure on the part of the defendants in furnishing a reply to the plaintiff's averment regarding his readiness and willingness to perform his part of the contract, shall not be construed as the defendants' admission.

 The Bench of Justice Anil Kshetarpal held, " it is considered appropriate… directing the trial court to decide the suit without taking adverse view of failure of the defendants to reply to the assertions made in para 5-A", and, 

"The plea of readiness and willingness is required to be proved by the plaintiff in accordance with Section 16 of the Specific Relief Act, 1963. The failure on the part of the defendants shall not be construed as their admission."

The petitioners were the defendants in a suit for specific performance of the agreement to sell. Originally, the plaintiff filed a suit for grant of decree of permanent injunction. 

Subsequently, he was permitted to amend the plaint and he prayed for decree for possession by way of specific performance of the agreement to sell. In para 5-A of the amended plaint, the plaintiff asserted that he was always ready and willing to perform his part of the contract. 

While filing a written statement to the amended plaint, the defendants did not give any reply to the assertions made in para 5-A. 

After both the parties concluded their evidence, at that stage, the defendants filed an application for permission to amend the written statement. This application was  dismissed. Hence, the present revision petition was filed. 

Primarily, the defendants were contesting the suit on the ground that the alleged agreement to sell was a result of coercion.

After perusing the matter, the Court deemed it appropriate to direct the trial court to decide the suit without taking adverse view of failure of the defendants to reply to the assertions made in para 5-A (statement regarding plaintiff's readiness and willingness to perform his part of the contract). 

"The plea of readiness and willingness is required to be proved by the plaintiff in accordance with Section 16 of the Specific Relief Act, 1963", held Justice  Kshetrapal while also asserting that the failure on the part of the defendants shall not be construed as their admission.