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NARENDRA SINGH DHADDHA
Rampal – Appellant
Versus
Rameshwar – Respondent
ORDER
1. This appeal has been filed by the appellant-plaintiff (for short 'the plaintiff') against the order dated 07.02.2001 passed by the Additional District Judge No.2, Jaipur District Jaipur (for short 'the trial court') in Civil Suit No.25/2000, whereby the application filed by the respondents defendants (for short 'the defendants) under Order 7 Rule 11 CPC has been allowed and the suit filed by the plaintiff for specific performance of the contract has been dismissed.
2. Learned counsel for the plaintiff submits that the plaintiff had filed a suit for specific performance, cancellation of sale deed, recovery of possession and permanent injunction against the defendant Nos.1 to 10 in the year 1998 in which defendants had filed reply and submitted that part of the disputed land was sold to respondent Nos.13 to 16 by different sale deed. So, on 30.05.2000 plaintiff withdrew the suit with liberty to file fresh suit. After that, the plaintiff filed the present suit in which he clearly stated that Nanu grand-father of the plaintiff had purchased the land situated in village Bishansinghpura, Tehsil Amer in samwat year 2016 in the amount of Rs.400/-. The said land was in the name of Ja
A suit for specific performance must be filed within the limitation period; failure to do so results in dismissal.
The accrual of cause of action and the applicability of limitation in specific performance suits should be considered based on the averment of plaint and documents referred therein as a whole, and th....
The court emphasized the importance of providing convincing evidence and demonstrating genuine interest in seeking specific performance of a contract.
Limitation for filing a suit for specific performance commences after one month from the execution of the release deed, not from the date of the original agreement.
A suit for specific performance filed after the limitation period is barred, and the provisions of the Migrant Act apply to the case.
A suit for specific performance is barred by limitation under Art. 54 of the Limitation Act, 1963, if filed after the expiry of the limitation period.
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.
Agreement to sell – Suit for Specific Performance – Validity of agreement is something different and does not change date of performance – Suit can be dismissed on the ground of limitation alone.
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