SYED DASTAGIR versus T.R. GOPALAKRISHNA SETTY

Citation: [1999] SUPP. 1 S.C.R. 351 · Decided: 11-08-1999 · Supreme Court of India · Bench: B.N. KIRPAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SYED DASTAGIR 
A 
v. 
T.R. GOPALAKRISHNA SETTY 
AUGUST 11, 1999 
[B.N. KIRPAL, S. RAJENDRA BABU AND A.P. MISRA, JJ.] 
B 
Specific Relief Act, 1963: 
Section 16(c)-Willingnes.s and readiness to perform one's part of 
contract-Plea of -Plaint~ff pleaded that defendant had received a part of C 
the total sale consideration-But defendant refused to accept halance amount 
and, therefore, plaintiff deposited it in court-Plaintiff's suit for specific 
performance decreed by trial court-However, High Court set aside the 
decree on ground that plaintiff had not averred in his pleading that he was 
ready and willing to perform his. part of the contract-Held, the language D 
in S. I 6(c) does not require any specific phraseology but only that the 
plaintiff must aver that he has performed or has alWQ)lS been and is willing 
to perform his part of the contract-To insist on a mechanical reproduction 
of the exact words of a statute is to insist on the form rather than the 
essence-Pith and substance of a plea is to be seen -In the circumstances 
of the case, readiness and willingness on the part of plaintiff pleaded-
E 
Hence, High Court not right in defeating the plaintiff's claim on the basis of 
wrong interpretation of his plea. 
Section /6(c) Explanation (i)-Willingness lo perform terms of 
contract-Construing of -Plaintiff deposited balance amount of sale 
consideration in court without the order of court-Held, Explanation (i) F 
states in negative term what is not essential for the plaintiff to do-That does 
not mean that the plaintiff cannot tender the amount to the defendant or 
deposit it in court unless the court so directs-Plaintiff can always tender 
such amount-Such tendering exhibits his willingness to perform his part of 
the contract-Hence, deposit of balance amount in court cannot be construed G 
adver$ely against him. 
Code of Civil Procedure, 1908: Order 6. 
Pleadings-A plea is not an expression of art and science but an 
expression through words to place the facts and law of one's case before the H 
351 
352 
SUPREME COURT REPORTS [1999] SUPP. I S.C.R. 
A court in order to obtain relief 
Practice and Procedure: 
Pleading-Interpretation of-Held, whenever there are two possible 
interpretations, the one, which serv_es the ends of justice, should be accepted 
B and the one, which defeats justice, should be rejected 
c 
Words and Phrases: 
"Not essential"-Meaning of-In the context of Explanation (i) to 
S.16(c) of the Specific Relief Act, 1963. 
The appellant-plaintiff and the respondent-defendant entered into an 
agreement to sell some properties for certain sale consideration. The appellant 
paid part of the sale consideration on different occasions. But the respondent 
refused to accept the balance amount and to execute the sale deed. The 
appellant, therefore, deposited the balance amount in court and filed a suit 
D for specific performance, which was decreed. The appellate court confirmed 
the decree. However, High Court set aside the decree on the ground that the 
appellant had not specifically averred in his pleading that he was ready and 
willing to perform his part of the contract which was mandatory under 
Section 16(c) of the Specific Relief Act, 1963. 
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F 
On behalf of the respondent-defendant it was contended that the balance 
amount was deposited in court without the court's order and, therefore, there 
was non-compliance of Section 16(c) of the Act. 
Allowing the appeal, this Court 
HELD: 1. In construing a plea in any pleading, courts must keep in 
mind that a plea is not an expression of art and science but an expression 
through words to place fact and law of one's case for a relief. Such an 
expression may be pointed, precise, some times vague but still could be 
G gathered what he wants to convey through only by reading the whole pleading, 
depending on the person drafting a plea. In India most of the pleas are drafted 
by counsels hence aforesaid difference of plea which inevitably differ from 
one to other. Thus, to gather true spirit behind a plea it should be read as 
a whole. This does not distract one from performing one's obligations as 
required under a statue. But to test, whether he has performed his obligations 
H one has to see the pith and substance of a plea. Where a statue requires any 
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SYED DASTAGIR v.T.R. GOPALAKRISHNA SETTY 
353 
fact to be pleaded then that has to be pleaded, may be in any form. Same plea A 
may be stated by different persons throug

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