Code of Civil Procedure, 1908–Order 14, Rule 5–Specific Relief Act, 1963–Sec. 12–Non-framing of the issue of readiness and willingness of the plaintiff–Effect–If there are pleadings with regard to any specific aspect, the evidence was adduced by the parties qua that, it was argued and examined by the Court taking into consideration the material on record, non-framing of the specific issue on this aspect cannot be held fatal to the proceedings because no prejudice is caused to a party to the litigation–Plaintiff specifically pleaded in the plaint that he was always ready and willing to perform his part of the contract–He was cross-examined by the defendant on this issue–Application was moved at the stage of final arguments without referring any prejudice–Objection is filed first time in second appeal as an unsuccessful attempt–Plea negated.
