Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

Ashok Kini

23 July 2019 9:53 AM IST

"The rule of equity that exists in England, does not apply, and so long as a Suit for specific performance is filed within the period of limitation, delay cannot be put against the plaintiff."

The Supreme Court has observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. In this case [R. Lakshmikantham vs. Devaraji], the date of the agreement i.e. 22.09.2002 and suit was filed on 11.02.2005. While dismissing the suit, the Madras High Court had observed thus: "It has...

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

Ashok Kini

"The rule of equity that exists in England, does not apply, and so long as a Suit for specific performance is filed within the period of limitation, delay cannot be put against the plaintiff."

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