Appellate Court to deal with all the issues and the evidence led by the parties before recording its findings - SC

Specific Performance – Readiness and Willingness – Affidavit filed before the High Court for the first time – Procedure adopted by the High Court relying upon the affidavit in a First Appeal by which virtually without submitting any application for amendment of the plaint under Order VI Rule 17 CPC, the High Court as a First Appellate Court has taken on record the affidavit and as such relied upon the same. Such a procedure is untenable and unknown to law. 

Specific Performance – For the purpose of passing a decree for specific performance, readiness and willingness has to be established and proved and that is the relevant consideration for the purpose of passing a decree for specific performance. 

Civil Procedure Code, 1908 – First appeals are to be decided after following the procedure to be followed under the CPC. 

OCTOBER 04, 2021 

Karuppuraj Vs  Ganesan