Limitation

Specific performance

Period of limitation would either begin to run from the date fixed for its performance or if no date or period is stipulated, then from the date the plaintiff has notice that the performance has been refused

Limitation Act, 1963 (36 of 1963) Article 54 – Provides that the limitation for filing a suit for specific performance is three years from the date the cause of action arises – Cause of action in favour of the plaintiffs arose when the defendants, inspite of service of the notice calling upon them to come and execute the sale deed, did not come forward - Period of limitation would either begin to run from the date fixed for its performance or if no date or period is stipulated, then from the date the plaintiff has notice that the performance has been refused by the opposite side.

2021 PLRonline 001