Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Plaintiff specifically pleaded that period of 6 months for completion of transaction is contingent upon certain compliances and agreed period of 6 months is extended only because defendants sought for extension of time - Questions whether agreed..........
Agreement to sell -- Specific performance - Limitation - Three years - Limitation of three years star running from the date plaintiff has notice of refusal of performance by defendant. (Limitation Act, 1963, Art.54)..........
Agreement to sell -- Specific performance - Limitation - If any permission is to be obtained prior to performance/completion of contract, mere fact that defendant has not obtained said permission does not lead to inference that no cause of action for filing the suit for specific performance has arisen...........
Agreement to sell -- Specific performance - Limitation - No time fixed for performance - Period of limitation of three years starts to run from the date plaintiff has notice of refusal of performance for the first time...........
Agreement to sell -- Specific performance - Limitation - Plaintiff having knowledge of refusal of performance by defendant - Plea that on the next day defendant gave assurance etc. to perform the contract - Giving assurance etc. is of no importance so far as the period of limitation is concerned or the time from which it starts running...........
Agreement to sell -- Specific performance - Limitation - Article 54 of Limitation Act does not make any difference between cases where property had been delivered in part performance of the agreement or otherwise and the cases where it has not been so delivered. (Limitation Act, 1963, Art.54)..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Agreement to sell -- Specific performance - Limitation - Telegram followed by a letter by defendant to plaintiff that agreement to sell has come to an end and that earnest money is forfeited - On receipt of such letter, limitation starts to run - Suit filed by plaintiff is beyond time prescribed i.e. three years. (Limitation Act, 1963, Art.54)...........
Specific Relief Act, 1963, Section 28, Limitation Act, 1963, Article 54 -- Specific performance - Limitation - For depositing balance sale consideration - Period of 3 years has to be taken as reasonable time, within which a DH in a suit for specific performance could deposit balance sale consideration, particularly when decree sought to be executed did not stipulate any..........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
