Limitaion Act (Article 54)
Anandakumar R
(Querist) 22 August 2009
This query is : Resolved
I have filed suit for speicific performance. The plaintiff has entered into an agreement of sale on 10.1.1997. The time was fixed to perfomed the agreement within three years (i.e. 9.1.2000). The plaintiff has sent the legal notice to the defendant on 9.4.1997 to perform the part of the agreement. The defendant didnot performed. I have filed suit specific performance on 21.2.2001. the the suit filed by the plaintiff barred by the limitation? Whether the suitis maintainable under law or not?
Y V Vishweshwar Rao
(Expert) 23 August 2009
Dear Anandakuamr !
The Last Date fixed for perforamnce is 9-1-2000 as per agreeement
Article ;- 54 Says;-
The Suit is to be filed with in Three years form the date fixed for perfomance ---- if no such date is fixed -when the Plainitff has notice that performance is refused !
You filed the suit on 21-2-20001- it is with in Three years form the date fixed in the Agreement.
The Suit for Specific Performance to be filed with in three years from the date fixed for performance !
The suit is filed wiht in Limitation period .
charudureja
(Expert) 23 August 2009
The time limit for limitation act will becounted from 10th january 2000 this will be the first day of filing the case. the time limit for filing the case is 3ys starting from 10th jan2001. u have filed the suit on 21.2. 2001 ie with in 3yrs. the time limit is 10th jan 2000 to 10 jan 2003.
