Jugraj Singh and another v. Labh Singh and others, AIR 1995 SC 945(1) Plaintiff must plead and prove that he was always ready and willing to perform his part of essential terms of the contract. The continuous readiness and willingness, at all stages, from the date of agreement till the date of hearing of the suit need not be proved. The substance of the matter, surrounding circumstances and the conduct of the plaintiff have to be taken into consideration in judging the readiness and willingness on the part of the plaintiff to perform his part of the contract.