2013 AIR SCW 3561 ::2013 (4) AJR 431 ::2013 (3) AIR Kant HCR 262 ::2013 (3) AKR 262 ::AIR 2013 SC (Supp) 265 ::(2013) 2 WLC(SC)CVL 91 ::(2013) 1 CLR 1143 (SC) ::(2013) 119 RevDec 796 ::(2014) 2 CivilCourtC 125 ::(2013) 4 CivLJ 338 ::(2013) 02 All RentCas 777 ::(2014) 2 RecCivR 52 ::(2013) 5 Scale 520 ::AIR 2014 SC (Civil) 153 ::(2013) 3 AllMR 916 (SC) ::(2013) 98 All LR 241 ::(2013) 4 AndhLD 150 ::(2014) 1 LandLR 47 ::(2013) 3 ICC 1 ::(2013) 3 JCR 467 (SC) ::(2013) 4 KCCR 459 ::2013 (2) KLT SN 51 (SC) ::(2013) 125 AllIndCas 25 (SC)

Supreme Court Of India

(From : Andhra Pradesh)

Hon'ble Judge(s): B. S. Chauhan, Fakkir Mohamed Ibrahim Kalifulla , JJ

(A) Specific Relief Act (47 of 1963) , S.16— Specific performance of agreement to sell - Readiness and willingness - Plaint averment that plaintiff had capacity and was ready to perform his part - Defence that on failure to raise money plaintiff asked defendant to sell property to other - No evidence that plaintiff had sent any communication to defendant who was abroad - Capacity of plaintiff to perform his part proved by evidence of witnesses - Finding that plaintiff was not ready and willing perverse. (Para 9 11 12) (B) Civil P.C. (5 of 1908) , O.3 R.1, O.3 R.2— Power of attorney holder - Cannot depose in place of principal - Word 'acts' in Rules 1 and 2 - Does not includes deposing in place of principal. The power of attorney holder cannot depose in place of the principal. Provisions of Order 3, Rules 1 and 2, CPC empower the holder of the power of attorney to 'act' on behalf of the principal. The word 'acts' employed therein is confined only to 'acts' done by the power of attorney holder, in exercise of the power granted to him by virtue of the instrument. The term 'acts', would not include deposing in place and instead of the principal. In other words, if the power of attorney holder has preferred any '....