Law: Specific Relief Act, 1877

Section: 12,54

Specific Relief Act (I of 1877)--- ----Ss.12, 54---Suit for Specific transfer---Balance sale consideration---Willingness and Capability to perform part of agreement---Covid-19, relevancy of---Suit for specific performance, damages and injunction---Appellant/plaintiff was directed to deposit balance sale consideration with the Nazir of the Court---In view of non-compliance of Courts order and non-appearance of appellant and his counsel suit was dismissed by Single Judge of the High Court---Appellant contended that amount could not be deposited on account of financial crunch during prolonged period of lockdown for Covid-19 pandemic; that appellant was willing/ready to comply with the said order of the Court; that Single Judge had to decide the suit on merits instead of technicalities; and that deposit of amount (balance sale consideration) otherwise was not requirement of law in suit for specific performance---Validity---First date of hearing (on 11/05/2017), ex-parte ad-interim restraining order was passed against respondent which was operating since then---Suit did not proceed further till 05/03/2020 when Court issued direction to appellant to deposit balance sale consideration before proceeding further and that ad-interim restraining order would continue subject to such deposit---Appellant/his counsel had neither appeared on next date of hearing, nor complied with the Courts…

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