Supreme Court · 2006 INSC 328 · Decided 12 May 2006
Panchanan Ohara and ORS. v. Monmatha Nath Maity (Dead) TH. LRS. & ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 328 · [2006] SUPP. 2 S.C.R. 520
- Case number
- CIVIL APPEAL No. 5187/2001
- Decided
- 12 May 2006
- Bench
- S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 46, 48; Limitation Act Section 54
Headnote
Limitation Act, 1963-Article 54-Agreement for sale of immoveable property-Vendee requesting vendor to execute and register a sale deed in its favour and latter in response assuring them that it would do so--However, thereafter execution refused on the plea that it was barred by limitation--­ of limitation-Held-Suit was not barred by limitation as courts below had given a finding of fact that period of performance of agreement has been extended, and in such a case, the time to file a suit shall be deemed to start running only when plaintiff had notice that performance had been
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