SUPREME COURT: SPECIFIC PERFORMANCE SUIT CANNOT BE DECREED BASED ON POWER OF ATTORNEY HOLDER'S DEPOSITION ABOUT PLAINTIFF'S READINESS AND WILLINGNESS

The Supreme Court in the case Rajesh Kumar Versus Anand Kumar And Ors., observed and has held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit filed for specific performance of the contract cannot be decreed which is based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.

- 

The bench comprising of Justice Pankaj Mithal and Justice Prashant Kumar Mishra in the case observed and has sated that the said court is of the view that in view of Section 12 of the Specific Relief Act, 1963, in a suit filed for specific performance wherein the plaintiff is required to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract, a Power of Attorney Holder is not entitled to depose in place and instead of the plaintiff.