Narayan Chandra Sil, J. - (1.) This appeal is directed against the judgment and decree both dated 19.12.1994 passed by Sri Subrata Chakraborty, learned Assistant District Judge, Diamond Harbour in Title Appeal No. 272 of 1993 affirming the judgment and decree dated 4.11.1992 and 10.5.1993 respectively passed by Smt. Krishna Poddar, learned Munsif, Second Additional Court, Diamond Harbour in connection with Title Suit No. 88 of 1992.
(2.) The suit before the trial Court was for accounting of a loan transaction and in the alternative for specific performance of contract of resale. The trial Court was pleased to decree the suit and the Lower Appellate Court had affirmed the same.
(3.) It appears from the record that the Division Bench of this Court was pleased to formulate the substantial question of law for determination in the present appeal, at the time of admission of the appeal and the same reads as below : "Whether the plaintiff/respondent having prayed for a decree for Specific Performance of Contract in the alternative and such a decree having been granted in the learned Court of appeal below erred in doing so in absence of any pleadings as regards readiness and willingness on the part of the vendee to perform his part of contract as is mandatorily required under Section 16(c) of the Specific Relief Act, 1963." ;