BHANU KUMAR JAIN Vs. MUNNALAL JAIN

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter was finally heard on 17/4/2025 and today the judgment is being pronounced.

(2.) The appellant/defendant has filed this appeal under Sec. 96 of the Code of Civil Procedure challenging the judgment and decree dtd. 28/10/2010 passed by learned III Additional District Judge, Jabalpur in Civil Suit No. 14-A/2008 decreeing the suit of declaration for specific performance of contract.

(3.) Learned senior counsel for the appellant has assailed the impugned judgment and decree mainly on the ground that the Court below failed to consider the fact that the suit for specific performance of contract filed by the respondents/plaintiffs was barred by time and it could have been dismissed only on the ground of limitation. He has also contended that the Court below failed to see that the requirement of Sec. 16(c) of the Specific Relief Act, 1963 to prove the fact regarding readiness and willingness and no cogent evidence produced in this regard, the suit could have also been dismissed on this ground.