Civil Procedure Code (CPC)


This query is : Resolved 

26 October 2010

'A' executed Agreement to sale in favour of 'B' in the year of 1995. But dueto non compliyencess of document from 'A', 'B' is uable to purches the same. in the year of 2005, 'A' transfer the same to the 'C' back of 'B'. that 'B' comes to know the same trancfer, in 2009, and immedieatly 'B' file the suit for specific performance of contract.
So my Q.1 is, wether the suit is within the limitation.
Q.2 is, when the limitetion period starts and ends?
Q.3 is non compliencess of required document frome the 'A', is the foult of 'B'.
Q.4 is, upto what extent the same agreement will in execution?

bhupender sharma (Expert)
27 October 2010

The terms of the agreement is to looked into.

Parthasarathi Loganathan (Expert)
27 October 2010

The contract is time-barred

M V GuptaOnline (Expert)
28 October 2010

I agree with Shri. Parthasarathi. The suit is time barred. Limitation started from the date A had failed to comply with his obligations under the Agreement for sale.

s.subramanian (Expert)
29 October 2010

I agree.

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