Dear Sir,
In a suit of specific performance of contract,If plea of limitation was not raised and the limitation issue was not formed by the court,can we ask court to frame an issue of limitation on the basis of plantiff's statement at the final argument stage.
The date of performance of agreement was 9 months from date of agreement and If plantiff accept in his statement during evidence by respondent, that the respondent clearly told him that 'agreement can not be executed and he is not ready to sell the suit property just after the 4 -5 days of date of agreement ',when will the period of limitation starts?Is it calculated after expiry of 9 months period or it will starts from the same day when plantiff got notice of it?
You are requested kindly to provide me citations on both the points as it will help me a lot.
Thanks n Regards.
Deepak
