https://www.taxtmi.com/caselaws?id=199416 A plaint in a specific performance suit satisfies Section 16(c) of the Specific Relief Act if, read as a whole, it shows continuous readiness and willingness in substance, even without the statute's exact wording. The provision does not require rigid phraseology; it requires an averment that the plaintiff has performed, or remains ready and willing to perform, the essential contract terms. In contracts involving payment of money, actual tender or deposit in court is not indispensable unless the court directs it. Because the plaint pleaded payment of nearly the entire balance consideration, tender of the remaining amount in court, and the defendant's evasion of execution, the pleading was held sufficient and the suit could not fail on absence of exact statutory words. en-us Wed, 11 Aug 1999 00:00:00 +0530 Wed, 28 Feb 2018 11:19:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199416 A plaint in a specific performance suit satisfies Section 16(c) of the Specific Relief Act if, read as a whole, it shows continuous readiness and willingness in substance, even without the statute's exact wording. The provision does not require rigid phraseology; it requires an averment that the plaintiff has performed, or remains ready and willing to perform, the essential contract terms. In contracts involving payment of money, actual tender or deposit in court is not indispensable unless the court directs it. Because the plaint pleaded payment of nearly the entire balance consideration, tender of the remaining amount in court, and the defendant's evasion of execution, the pleading was held sufficient and the suit could not fail on absence of exact statutory words. Case-Laws Indian Laws Wed, 11 Aug 1999 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199416