Suit for Specific Performance.

The law governing this aspect of the matter is provided in Form No.47 and 48 in Appendix-A of the First Schedule to the Code of Civil Procedure, 1908. According to para-2 of Form 47, the plaintiff was to state in the plaint that he had applied to the defendants specifically to perform the contract on their part, but the defendants had not done so. Similarly, per para-2 of Form 48, the plaintiff was required to state in his plaint that on such and such date, he tendered an amount to the defendants and demanded a transfer of the property. Thus, in his suit for specific performance, the plaintiff ought to have pleaded and proved his readiness and willingness to perform his obligations under the contract.

C.A.1121/2018
Ijaz-ul-Haq v. Mrs. Maroof Begum Ahmed & others
Mr. Justice Shahid Waheed
16-08-2023