Death after hearing does not abate a reserved judgment; specific performance still requires continuous readiness and willingness.

When a party dies after the hearing has concluded but before judgment is pronounced, Order XXII Rule 6 CPC prevents abatement and the reserved judgment retains full legal effect. In a suit for specific performance, the claimant must independently plead and prove continuous readiness and willingness to perform essential contractual obligations under Section 16(c) of the Specific Relief Act, assessed from the claimant's conduct and surrounding circumstances. Failure to comply with directions such as deposit or bank guarantee, together with conduct indicating reluctance to perform, justifies refusal of equitable relief.

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Issues: (i) whether the appellate decree became a nullity because the plaintiff died after the hearing had concluded but before pronouncement of judgment; and (ii) whether the plaintiff had proved continuous readiness and willingness to perform his part of the contract so as to justify specific performance.

Issue (i): whether the appellate decree became a nullity because the plaintiff died after the hearing had concluded but before pronouncement of judgment.

Analysis: Rule 6 of Order XXII of the Code of Civil Procedure, 1908 expressly provides that there is no abatement when death occurs after the conclusion of the hearing and before pronouncement of judgment. The judgment may be pronounced notwithstanding such death and has the same force and effect as if pronounced before death. The request to bring legal representatives on record was therefore not necessary to sustain the judgment already reserved.

Conclusion: The decree was not a nullity and the objection based on the plaintiff's death failed.

Issue (ii): whether the plaintiff had proved continuous readiness and willingness to perform his part of the contract so as to justify specific performance.

Analysis: Specific performance is an equitable remedy, and under Section 16(c) of the Specific Relief Act, 1963 the plaintiff must plead and prove continuous readiness and willingness to perform the essential terms of the contract. The court must assess the plaintiff's conduct before and after suit together with surrounding circumstances. On the facts found, the plaintiff neither deposited the amount nor furnished bank guarantee when directed, and his financial conduct and dealings showed reluctance rather than readiness to perform.

Conclusion: The plaintiff failed to establish readiness and willingness, and refusal of specific performance was justified.

Final Conclusion: The special leave petition was rejected after affirming that the death-related objection did not invalidate the decree and that the plaintiff had not satisfied the statutory requirement for specific performance.

Ratio Decidendi: When death occurs after hearing is concluded, there is no abatement under Order XXII Rule 6 of the Code of Civil Procedure, 1908, and a plaintiff seeking specific performance must continuously prove readiness and willingness under Section 16(c) of the Specific Relief Act, 1963, failing which discretionary relief may be refused.

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