Supreme Court · 2008 INSC 501 · Decided 21 April 2008

Ahmadasahab Abdul Mulla (D) BY Proposed LRS. v. Bibijan & ORS.

Court
Supreme Court of India
Citation
2008 INSC 501 · [2008] 6 S.C.R. 716
Case number
CIVIL APPEAL No. 4190/2000
Decided
21 April 2008
Bench
ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
Outcome
Matter referred to larger bench
Case type
Civil
Acts & sections cited
CPC Section 100; Limitation Act Section 14, 113; Specific Relief Act Section 20

Headnote

Limitation Act, 1963 - s. 14 and Art. 54 of the Schedule - Limitation Act, 1908 - s. 113 - Suit for specific performance of c agreement of sale - Pendency of other suit, filed by defendant's wife and children, questioning the said agreement of sale and in which plantiff's husband was made a as to whether cause of action for filing the suit in question arose only when the other suit was over - High D Court, with reference to s. 113 of the Limitation Act, 1908 (which was in pari materia with Article 54 of the Schedule to the Limitation Act, 1963) held that the suit in question

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