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SURESH BABU RAI   19 January 2022

Suit for Specific performance

The date of execution of an agreement to sell is 01.05.2018 and the limitation to file the suit for specific performance enda on 01.05.2021. Whether I can file suit now, as the Apex court suspended the period of limitation.


 6 Replies

vijayaraghavan S   20 January 2022

yes you can file a suit as per supreme court latest order excludes limitation period from 15.03.2020 to 28.02.2022

Dr J C Vashista (Lawyer)     20 January 2022

You may take benefit of extension of limitation as provided by Apex Court in Suo Moto writ No 03/2020

G.L.N. Prasad (Retired employee.)     20 January 2022

in your case it is crystal clear, even otherwise if there are genuine grounds that can convince the court for a reasonable delay then the court may entertain and condone the delay.  Issuing a notice within the limitation period may also be considered and the limitation period from the date of the notice is also being considered by some consumer forums.

Advocate Bhartesh goyal (advocate)     20 January 2022

Yes, you can file suit hoti 28 feb 2022.

SURESH BABU RAI   20 January 2022

Thank you!

Aryan Raj   20 January 2022

In response to your query,

You can file a suit by benefiting from the latest Supreme Court order on January 10, 2022. In January 2022, when the number of Covid-19 cases in India increased dramatically, the Hon'ble Supreme Court decided to reinstate the restriction extension. The time from 15 March 2020 to 28 February 2022 will be excluded for the purposes of limitation, according to a ruling issued by the Supreme Court on 10 January 2022.

Regards,

Aryan Raj 

 


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