Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

The Supreme Court clarified that in a suit for specific performance of a contract, where the plaintiff must prove readiness and willingness to perform, the plaintiff's power of attorney cannot depose on behalf of the plaintiff. \r

Justices Pankaj Mithal and Prashant Kumar Mishra emphasized that the plaintiff must personally testify about their readiness and willingness to fulfill the contract's essential terms. The court ruled that a power of attorney holder lacks personal knowledge about the transaction and cannot depose on matters only the principal can confirm. \r

Therefore, relying solely on the power of attorney's testimony regarding the plaintiff's readiness and willingness would not suffice for the suit's success.