Supreme Court of India
Fatehji & Company & Anr. v. L.M. Nagpal & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that the High Court committed manifest error in reversing the well considered order of the H 396 SUPREME COURT REPORTS (2015] 6 S.C.R. A Trial Court rejecting the plaint as barred by the law of limitation and the impugned judgment is liable to be set aside.
Judgment, page 7
From the headnote
Limitation Act, 1963 - Art. 54 - Suit for specific performance of contract- Limitation period- Suit for specific c performance of sale agreement filed by the plaintiffs on 29. 4. 1994 against the defendants - Performance of contract was fixed till 2. 12. 73, however, by subsequent letters defendants sought extension of time till 1.2.1977 - Application u/Or. VII r. 11 seeking rejection of the plaint as barred by limitation - Trial court held that the suit was barred by limitation - However High Court set aside the order of the trial court - On appeal, held: Last extension sought for by the
Authorities it was built on
- 2012 The Church of Christ Charitable Trust & Educational Charitable Society, Represented by its Chairman v. M/s Ponniamman Educational Trust Represented by its Chairperson/ Managing Trustee
- 2009 Ahmmadsahab Abdul Mulla (dead) by Proposed Lrs. v. Bibijan and Ors.
- 2006 Panchanan Ohara and Ors. v. Monmatha Nath Maity (dead) Th. Lrs. & Anr.
- 2005 S. Brahmanand and Ors. v. K.R. Muthugopal (d) and Ors.
Where later benches applied it
Of those, 1 referred to
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