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HIGH COURT OF CHHATTISGARH
Goutam Bhaduri, Radhakishan Agrawal, JJ
Subhash Dhuppad – Appellant
Versus
Anil Kumar Dhurandhar – Respondent
| Table of Content |
|---|
| 1. framework of the specific performance suit and the agreement terms. (Para 2 , 3) |
| 2. examination of the plaintiff's failure to timely file the suit. (Para 4 , 5) |
| 3. emphasizing equitability and timeliness in executing agreements. (Para 10 , 11) |
| 4. the role of statutory limitations in enforcing contractual obligations. (Para 12 , 14) |
| 5. conclusion on the necessity of timely action and dismissal of appeal. (Para 17 , 18) |
Per Radhakishan Agrawal, J
1. This is plaintiff's First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') against the judgment and decree dated 04.08.2016 passed by the 6th Additional District Judge, Raipur, C.G. in Civil Suit No.119-A/2011, whereby plaintiff's suit for specific performance of contract has been dismissed as barred by limitation.
2. Brief facts leading to filing of this appeal is that the plaintiff / appellant instituted a suit for specific performance by submitting, inter alia, that he entered into an agreement dated 05.09.2006 (Ex.P-1) with defendant No.1 to purchase the land bearing Khasra Nos.138/1 & 138/4, area 0.003 and 0.170 hectares total 12498 sq. ft. situated at vil
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