suit for specific performance of sale agreement decreed challenge to by some defendants only, while submission to it by others -minor defendants who had attained majority have not chosen to challenge validity of judgment and decree of trial Court Erstwhile minors cannot now contend that judgment and decree based on submission to a decree made by the guardian is void as against them - plaintiff is not ready and willing - suit dismissed

Citation

2017-5-L.W. 265

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment reserved on: 19.09.2017

Judgment pronounced on: 03.10.2017

A.S. No.463 of 1995 and CMP Nos.996 and 1007 of 2013

R.Subramanian, J.

S.Kalianna Gounder (Deceased) and others.                        ....Appellants

Versus

S.Periyasamy and others ...Respondents

Appeal filed under Section 96 of Civil Procedure Code, against the judgment and decree passed in O.S.No.246 of 1990 dated 30.09.1994 on the file of the Sub Court, Namakkal.

Specific relief act (1963), Section 16(c), ready and willing, personal bar to relief, when applies

C.P.C., Order 23 rule 1(2), Order 32 rule 7, Order 41 rule 4

suit for specific performance of sale agreement decreed challenge to by some defendants only, while submission to it by others - Effect of

Challenge to decree by defendants who were minors on date of decree not made - what happens

held: minor defendants who had attained majority have not chosen to challenge validity of judgment and decree of trial Court Erstwhile minors cannot now contend that judgment and decree based on submission to a decree made by the guardian is void as against them Para 22

Sale agreement essence of contract Time whether Dehors conduct of defendants in a suit for