LAW FOR ALL

Where in a case there is omission of framing an important and necessary issue which affects the disposal of the suit on merits, the case must be remanded for a fresh trial. It is for the parties either to lead further evidence or to argue the case basing on the evidence already available on record. Ram Awadh v. Achhaibar Dubey4, wherein it was held that not only the original vendor but also subsequent purchaser would be entitled to raise the contention that the plaintiff is not ready and willing to perform his part of the contract. Thus, it appears that defendant No.3 also can take the plea as to whether the plaintiff was ready and willing to perform his part of the contract.= the additional issues as to (1) whether the time is the essence of the contract in the facts and circumstances of the case and (2) whether the plaintiff has always been ready and willing to perform his part of the contract? The lower Court may also consider the applications of defendant No.3, if any filed, to receive the additional evidence.