Limitation for specific perfromance suit

Querist : Anonymous (Querist) 02 September 2011 This query is : Resolved
Respected experts,
Is law of limitation is applicable to suit for specific performance.

Fact of case -
Agreement of Sale executed by plaintiff's father in the year 1996. Condition is Sale deed must be executed within one year. Plaintiff's father expired after 9 months. The suit was filed by plaintiff in the year 2003. whether the suit is barred by limitation?

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adv. rajeev ( rajoo ) (Expert) 02 September 2011
Yes, it is time barred. Limitation to file a suit for specific performance is 3 years from the date of execution.

prabhakar singh (Expert) 02 September 2011
Is law of limitation is applicable to suit for specific performance.
YES IS THE ANSWER

Fact of case -
Agreement of Sale executed by plaintiff's father in the year 1996. Condition is Sale deed must be executed within one year. Plaintiff's father expired after 9 months. The suit was filed by plaintiff in the year 2003. whether the suit is barred by limitation?

ON THE BASIS OF FACTS STATED BY YOU IT IS BARRED BY TIME.
BUT WHY REGISTRY HAS NOT REPORTED IT??ITS A QUESTION??
IT APPEARS THERE IS SOME PLEADING CRAFTED FOR SAVING LIMITATION ON BASIS OF KNOWLEDGE ETC.WHICH CAN BE ASCERTAINED ONLY AFTER LOKING IN TO PLAINT ALLEGATIONS MADE IN THIS REGARD.

Guest (Expert) 02 September 2011
For S.R act specific performance suit, the time limit is three years from 1997 . Check it out that whether the plaint is presented in the year 2000 itself and then represented in 2003. consult with lawyer.

Chanchal Nag Chowdhury (Expert) 02 September 2011
Prima facie it appears to be barred. However, other mitigating factors need to be considered & it depends on the facts of the case.