Supreme Court · 2025 INSC 42 · Decided 7 January 2025

Indian Evangelical Lutheran Church Trust Association v. Sri Bala & CO.

Court
Supreme Court of India
Citation
2025 INSC 42 · [2025] 1 S.C.R. 542
Case number
CIVIL APPEAL No. 1525/2023
Decided
7 January 2025
Bench
B.V. NAGARATHNA, N KOTISWAR SINGH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 54, 113

Headnote

Whether the plaint in the subsequent suit for specific performance filed by the plaintiff, i.e., O.S. No. 49/2007, is liable to be rejected in terms of Order VII Rule 11(d) of the Code of Civil Procedure, 1908 on the ground that the said suit is of limitation. Code of Civil Procedure, 1908 - Or. VII, r.11(d) - Limitation Act, 1963 - Arts. 54 and 113 - The plaintiff filed an unnumbered suit in the year 1993 for specific performance of the agreement to sell dated 26.04.1991 - The said suit

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