Supreme Court · 2016 INSC 567 · Decided 1 August 2016
Madina Begum & ANR. v. Shiv Murti Prasad Pandey & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 567 · [2016] 5 S.C.R. 92
- Case number
- CIVIL APPEAL No. 6687/2016
- Decided
- 1 August 2016
- Bench
- MADAN B. LOKUR, R.K. AGRAWAL (2-judge bench)
- Outcome
- Transferred to High Court
- Case type
- Civil
- Acts & sections cited
- CPC Section 96; Limitation Act
Headnote
Limitation Act, 1963: Schedule 1, Article 54 - Suit for specific performance - Challenged on the ground of limitation - Held: The agreement between the parties did not specify a calender date as the fixed date for performance of the agreement - Hence, the limitation of three years plaintiff has notice that the defendant has refitsed the performance of agreement - In the instant case, High Court fell in error ii1 ignoring the absence of a specified date for the performance of the agreement and in setting aside the decree passed by trial court. Code of Civil Procedure,
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