Readiness and Willingness II

Posted on by Rudrajyoti Nath Ray

Pt. Prem Raj v. D.L.F. Housing and Construction (Private) Ltd., AIR 1968 SC 1355; N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao, (1995) 5 SCC 115; His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar, (1996) 4 SCC 526; K.S. Vidyanadam v. Vairavan, (1997) 3 SCC 1; Balraj Taneja v. Sunil Madan, (1999) 8 SCC 396; Umabai v. Nilkanth Dhondiba Chavan, (2005) 6 SCC 243; H.P. Pyarejan v. Dasappa, (2006) 2 SCC 496; Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512; Saradamani Kandappan v. S. Rajalakshmi, (2011) 12 SCC 18; Kalawati v. Rakesh Kumar, (2018) 3 SCC 658.

To aver and prove ‘readiness and willingness’ to perform an obligation to pay money, in terms of a contract, plaintiff would have to make specific statements in plaint and adduce evidence to show availability of funds to make payment in time. If plaintiff does not have sufficient funds with him to discharge his obligations in terms of a contract, which requires payment of money, plaintiff would have to specifically plead how funds would be available to him.

– Hon’ble Justice Indira Banerjee, U.N. Krishnamurthy v. A.M. Krishnamurthy, [Civil Appeal No. 4703 of 2022].

'The Last Word' seeks to include not only wise and witty sayings but also curiosities. These words are not of obligation but of delight. I am not alone in my refusal to believe, law is tedious. For all who escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.