Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for specific performance Law of limitation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Limitation Act, 1963 - Art. 54 - Law of limitation in theUnion Territory of Pondicherry, erstwhile FrenchEstablishment - Suit for specific performance of contract filed Cat Pondicherry in 1991 - Suit resisted on the ground of- limitation - Applicability of the provisions of the Limitation Act,1963, vis-a-vis, Article 2262 of the French Code Civil - Held:The Limitation Act was passed by the Parliament on5.10.1963 - Since by that time, the Union Territory of DPondicherry had become part of India, the Limitation Actautomatically extended to the then Pondicherry andconsequently, came into force in the Union Territory ofPondicherry on 1.1.1964- Consequently, it is not Article 2262of the French Code Civil that applied to the suit in question, Ebut Art.54 of the Limitation Act - Said suit having been filedbeyond the period of limitation prescribed u/Art.54 of theLimitation Act, was clearly barred by limitation - French CodeCivil - Art. 2262. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 634 |
Petitioner | Gothamchand Jain |
Respondent | Arumugam @ Tamilarasan |
SCR | [2013] 10 S.C.R. 181 |
Judgement Date | 2013-09-18 |
Case Number | 8308 |
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