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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Suresh Chandra – Appellant
Versus
Aji Bai – Respondent
| Table of Content |
|---|
| 1. counsel for the respondent (Para 8 , 9 , 10) |
| 2. limitation interpretation (Para 11 , 12 , 13 , 15 , 16) |
| 3. appeal allowed (Para 14) |
Order :
1. The present first appeal has been filed against the order dated 07.01.2025 passed by the District Judge, Chittorgarh in Civil Original Suit No.44/2024 whereby the application under Order VII Rule 11, CPC as filed on behalf of defendant respondent No.1 was allowed. As a consequence, the suit in question was dismissed while holding the same to be barred by limitation.
2. The facts are that a suit for specific performance of contract was filed by the plaintiff with a submission that agreement to sell dated 29.04.2016 was executed by defendant respondent No.1 in his favour. As per the terms of the agreement, the defendant Aji Bai was under an obligation first, to get the sale deed of the land in question executed in her favour by one Dakhi Bai who was the actual owner of the land in question at that point of time. Within a period of one month of the said sale deed being got executed by the defendant Aji Bai in her favour by Dakhi Bai, the sale deed was to be executed by Aji Bai in favour of plaintiff Suresh Chandra.
3. It was submit
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.
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 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 absence of a fixed date for performance in a contract for sale means that the limitation period for filing a suit for specific performance begins when the plaintiff receives notice of refusal, ma....
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