Supreme Court · 2015 INSC 356 · Decided 24 April 2015

Fatehji & Company & ANR. v. L.M. Nagpal & ORS.

Court
Supreme Court of India
Citation
2015 INSC 356 · [2015] 6 S.C.R. 389
Case number
CIVIL APPEAL No. 3912/2015
Decided
24 April 2015
Bench
V. GOPALA GOWDA, C. NAGAPPAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 54

Headnote

Limitation Act, 1963 - Art. 54 - Suit for specific performance of contract- Limitation period- Suit for specific c performance of sale agreement filed by the plaintiffs on 29. 4. 1994 against the defendants - Performance of contract was fixed till 2. 12. 73, however, by subsequent letters 1.2.1977 - Application u/Or. VII r. 11 seeking rejection of the plaint as D barred by limitation - Trial court held that the suit was barred by limitation - However High Court set aside the order of the trial court - On appeal, held: Last extension sought for by the defendants expired on 1.

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