Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act Article 54 1963: Schedule 1 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Limitation Act, 1963: Schedule 1, Article 54~ Suit for specific performance — Challenged on the ground of limitation — Held: The agreement between the parties did not specify a calendar date as the fixed date for performance of the agreement — Hence, the limitation of three years would begin when the plaintiff has notice that the defendant has refused the performance of agreement — In the instant case, High Court fell in error in ignoring the absence of a specified date for the performance of the agreement and in setting aside the decree passed by trial court.Code of Civil Procedure, 1908: s.96 ~ First appeal — Scope of — Held. Sitting as a court of first appeal it is the duty of the High Court to deal with all the issues and evidence led by the parties before recording its findings — In the present appeal, High Court only considered the issue of limitation and did not consider the other issues in the appeal — This was impermissible — Matter remitted to High Court to decide on merits.Remanding the matter back to High Court, the Court. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 567 |
Petitioner | Madina Begum & Anr. |
Respondent | Shiv Murti Prasad Pandey & Ors. |
SCR | [2016] 5 S.C.R. 92 |
Judgement Date | 2016-08-01 |
Case Number | 6687 |
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