22/06/2026
A suit for specific performance has to conform to the requirements in Forms 47 and 48 in Appendix ‘A’ in the First Schedule to the C.P.C. Form 47 requires the plaintiff/seller in a suit for specific performance to plead that he“has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice,” whereas Form 48 requires the plaintiff/purchaser to plead that he “is still ready and willing to pay the purchase-money of the said property to the defendant.” A. plaintiff/purchaser,in his suit for specific performance, cannot be said to have a cause of action against the defendant/seller where the former has not been able to demonstrate his readiness and willingness to pay the balance sale consideration to the latter. Although in his plaint, the petitioner has pleaded that he is ready and able to pay the balance sale consideration, his failure to comply with the direction for the deposit of the balance sale consideration ipso facto renders such pleading to be untrue leaving him without a cause of action to seek the relief of specific performance.
It is trite that the remedy of specific performance is purely an equitableremedy. The continuous readiness and willingness on the part of a plaintiffto pay the agreed consideration is a condition precedent for the grant of reliefof specific performance. To adjudge whether a plaintiff is ready and willing to perform his part of the contract, the Court is to take into consideration the conduct of the plaintiff prior and subsequent to the filing of the suit alongwith other attending circumstances.
The failure on the appellant’s part to comply with the directions given for the deposit of the balance sale consideration caused the trial court to dismiss the suit by invoking the provisions of Order XVII, Rule 3 C.P.C.
C.A.173-L/2020
Amjad Javed v. Maqsood Ahmad, etc.
Mr. Justice Miangul Hassan Aurangzeb
14-05-2026
