Specific relief act

x (Querist) 03 April 2012 This query is : Resolved
Is it true that a suit has to be started within a short period of time after the contract has been violated in order to get relief from the Specific Relief Act? Is there a specified time limit?

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Raj Kumar Makkad (Expert) 04 April 2012
Though such suit can be got filed within 3 years of the day of violation but it is in the interest of the plaintiff to file it as soon as possible because he can claim his readiness and willingness to fulfil his part of performance rather of the defendant.

barun deka (Expert) 04 April 2012
Article 54 of the Limitation Act. 3 years from the date fixed for performance of the contract and if no date is fixed from the time when the plaintiff has noticed that the performance has been refused

Adv.R.P.Chugh (Expert) 04 April 2012
Agree with Makkad Sir. Though 3 years time is there from date of denial of performance or knowledge of denial, but specific performance is an exceptional relief, and damages the normal one, delay defeats equity - and you'd have a hard time proving readiness and willingness to perform your part. To keep the ball churning do serve a notice asking for perofmrance.

Deepak Nair (Expert) 04 April 2012
3 YEARS is the period of limitation as per Limitation Act to file a suit for breach of contract.

Sankaranarayanan (Expert) 04 April 2012
yes all are already given answer for your query that is 3 yrs

V R SHROFF (Expert) 05 April 2012
WITHIN 3 YEARS, BUT PREFERRED AS EARLY AS POSSIBLE. Delay may result in any third party rights created, will complicate matter.

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