Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
10 months ago

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Live Law  

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a plaintiff to file a suit at the last moment and obtain specific performance despite knowing about the breach of contract. “In Saradamani Kandappan vs. S. Rajalakshmi & Ors., this Court held that every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring time limits stipulated in the agreement.

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History of this topic

Suit For Specific Performance Doesn't End With Passing Of Decree; Court Retains Power To Annul Decree Or Extend Time : Supreme Court
2 months, 1 week ago

Suit For Specific Performance Doesn't End With Passing Of Decree; Court Retains Power To Annul Decree Or Extend Time : Supreme Court

Live Law  

The Supreme Court, observed that a suit for specific performance does not conclude after the passing of a decree and that the court retains its control even after the decree is passed. The court does not cease to have the power to extend the time even though the trial court had earlier directed in the decree that payment of balance …

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates
3 months, 2 weeks ago

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates

Live Law  

The court further referred to various Supreme Court's decisions including Jagjit Singh Through LRs. The Allahabad High Court has reiterated that in a suit for Specific Performance, the party filing has to necessarily show that they are, or have been ready and willing to perform their part of the contract before pursuing such a direction. Thus, they filed a second …

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court
10 months ago

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

Live Law  

The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view …

Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court
1 year, 5 months ago

Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court

Live Law  

The Supreme Court, while dismissing a suit, arising from an Agreement to Sell, noted that while the ATS was dated 31.07.1975, the suit was filed by the respondent named Anjuman on 01.01.1981. Further, the limitation for filing a suit for specific performance, as per Article 54 of the Schedule to the Limitation Act, 1963 is 3 years ‘from the date …

Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court
1 year, 6 months ago

Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court

Live Law  

The Supreme Court on Tuesday held that, when no time is fixed for specific performance of a contract, then the limitation period for a specific performance suit as per Article 54 of Part II of the Schedule to the Limitation Act, 1963, will run from the date on which the plaintiff had notice of refusal on part of the defendant …

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court
3 years, 2 months ago

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court

Live Law  

The Supreme Court observed that the conduct of a plaintiff is very crucial in a suit for specific performance and the same has to be assessed by the Courts.In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the …

Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]
4 years, 5 months ago

Specific Performance Suit Filed Within Limitation Cannot Be Dismissed On The Sole Ground Of Delay Or Laches: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches.Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance, the bench comprising …

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]
5 years, 8 months ago

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. While dismissing the suit, the Madras High Court had observed thus: "It has not been explained by the plaintiff as to why she should wait …

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]
6 years, 5 months ago

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]

Live Law  

The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, has reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish his readiness and willingness to perform his part of the contract throughout.The trial court, in this case, had dismissed the suit for specific …

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]
6 years, 5 months ago

Suit For Specific Performance: Plaintiff Has To Prove And Establish His Readiness And Willingness To Perform His Part Of Contract Throughout: SC [Read Judgment]

Live Law  

The Supreme Court, while restoring a trial court order that dismissed a suit for specific performance of contract, has reiterated that, in order to obtain a decree for specific performance, the plaintiff has to prove and establish his readiness and willingness to perform his part of the contract throughout.The trial court, in this case, had dismissed the suit for specific …

Litigant will not pay for court’s delay, rules SC
17 years, 8 months ago

Litigant will not pay for court’s delay, rules SC

Hindustan Times  

In an important ruling that is likely to benefit thousands of litigants, the Supreme Court has held if a complainant approaches the court to prosecute someone well within the time prescribed in the law, he cannot be penalised for the delay on the part of the court. HT Image While setting-aside the order of Orissa High Court, the SC bench …

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