Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
6 months, 3 weeks 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

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

Specific Performance Suit - When No Time Is Fixed For Performance, Limitation Runs From Period When Plaintiff Had Notice Of Refusal : Supreme Court
1 year, 3 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
2 years, 11 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, 2 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 …

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