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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Kailash Chand, S/o Shri Narayan Lal – Appellant
Versus
Khemraj, S/o Dola – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2) |
| 2. arguments regarding limitation and jurisdictional errors (Para 3 , 5 , 8) |
| 3. court's analysis of limitation in contract performance (Para 4 , 10 , 11 , 12 , 14) |
| 4. legal principle on specific performance and limitation (Para 13 , 15 , 16 , 20) |
| 5. conclusion and final order of dismissal (Para 21 , 22) |
JUDGMENT :
GANESH RAM MEENA, J.
1. The instant civil first appeal has been filed by the plaintiff/ appellant under section 96 of the Code of Civil Procedure against the order dated 29.03.2025 passed by the Court of learned Addl. District & Sessions Judge, S.No.11, Jaipur Metropolitan, Jaipur [for short ‘the court below’] in Civil Suit No.45/2025, Kailash Chand v. Khemraj & Anr., whereby the court below while allowing the applications filed by defendants/respondents No.1 & 2 separately under Order VII Rule 11 CPC, rejected the plaint filed by the plaintiff/ appellant for specific performance, declaration and permanent injunction.
2. The facts borne out from the pleadings are that plaintiff /appellant filed a civil suit for specific performance, declaration and permanent injunction relating to the suit property Khasra no. 1014, me
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 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....
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.
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.
Contractual obligations in specific performance suits require timely action; failure to act within statutory limitation renders claims void.
The plaintiff's failure to file the suit within the limitation period and to prove readiness and willingness to perform the contract resulted in dismissal of the specific performance claim.
In cases of specific performance where no time for performance is fixed in the agreement, the limitation period begins when the plaintiff notices refusal of performance, and the issue of limitation i....
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