NO bona fides
Specific Performance
Plaintiff and wife both Government employees – Appointed his wife as an Attorney vide Special Power of Attorney to appear in court
Suit for Specific Performance – Plaintiff and wife both Government employees – Appointed his wife as an Attorney vide Special Power of Attorney – Difficult to accept to reason that a person who is working in a senior government position cannot make himself available for a day or two to appear as a witness in a case wherein he is obligated in law to prove his readiness and willingness to perform his part of the agreement - This fact alone creates a serious doubt with regard to bona fides of the plaintiff in respect of his plea of readiness and willingness to perform his part of the agreement .
Plaintiff a senior government officer - Moved an application and got endorsement of the Sub Registrar at 9 AM which may be even prior to official opening of that office
Suit for Specific Performance – Plaintiff a senior government officer - Moved an application and got endorsement of the Sub Registrar at 9 AM which may be even prior to official opening of that office or at best just at the opening of the office - Coupled with absence of any evidence that plaintiff had taken leave from his office on that day goes a long way to show that application filed by the plaintiff just to create evidence in his favour with regard to his presence but he was not actually willing to get the sale deed executed and registered after payment of balance sale consideration - It further appears to the Court that in order to avoid his cross examination on these vital aspects appointed his wife as Special Power of attorney to appear in court – Party who has approached the Court for grant of discretionary relief must prove that his conduct is not lacking and is absolutely bonafide.