Supreme Court of India
Veerayee Ammal v. Seeni Ammal
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From the headnote
Code of Civil Procedure, 1908 : Section JOO. Second Appeal-Power of High Court-Condition precedent to entertain second appeal-Substantial question of law-What is. c Suit for specific performance-_Decree by trial court-Affirmed by Ap pellate Court-Both Courts holding that time is not the essence of contract Finding that plaintiff was always ready and willing to pe1fom1 her part of act Finding by both courts that action was initiated by plaintiff within reasonable time-Second appeal-Question framed by High Court-Whether plaintiff will-· ing to perform her part of contract-Held, not a
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