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,

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)