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DEVAN M. DESAI
Navalsinh Babubhai Dodia – Appellant
Versus
Agarsang Bhimjibhai Dodia – Respondent
ORDER :
1. Heard leaned advocate Mr. J. F. Mehta for appellant and learned advocate Mr. Hriday Buch for learned advocate Mr. Kumar H. Trivedi for respondent Nos.1 to 3.
2. Upon joint request and consent of learned advocates for respective parties, this matter is taken up for the final hearing.
3. Brief facts of the case are as under:
3.1. The appellant-original plaintiff had filed Special Civil Suit No.88 of 2023 before the learned Principal Senior Civil Judge, Sanand for a relief of specific performance of the agreement to sell dated 27.09.2002, cancellation of sale deed and permanent injunction. Original defendant Nos.1 to 3 i.e. present respondent Nos.1 to 3 filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short, hereinafter referred to as ‘the code’) on the ground of limitation and wanting of a cause of action. The learned trial Court has allowed the Special Civil Suit No.88 of 2023 and rejected the plaint vide order dated 08.11.2023 below Exhibit-12. Being aggrieved and dissatisfied with said order, present appellant is before this Court.
4. Learned advocate Mr. J. F. Mehta for appellant submitted that the appellant filed a suit for specific perf
The court ruled that a civil suit for specific performance must be filed within three years from the refusal to perform, reinforcing that delay and lack of sufficient pleading detail bar such claims.
The issue of limitation for specific performance of a contract is a mixed question of fact and law, and the plaint cannot be rejected solely based on the averments in the plaint.
The suit was filed after a delay of 28 years and no genuine cause of action was found from the plaint, leading to the dismissal of the appeal.
A sale agreement signed solely by the vendor is enforceable, and no fixed date of performance in an agreement allows suit filing within three years of notice of refusal.
The court has the authority to reject suits under Order 7 Rule 11(d) of CPC if they are manifestly vexatious and grossly delayed, even in the absence of a plea of limitation.
The limitation for specific performance suits begins upon notice of refusal to perform, and the plaint must be assessed as a whole to determine if it discloses a valid cause of action.
The court reaffirmed that suits for specific performance must be filed within the limitation period, and failure to do so results in dismissal.
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