Supreme Court of India · 2004-04-16
Pukhraj D. Jain & Ors vs G. Gopalakrishna
- Citation / case number
- AIR 2004 SUPREME COURT 3504
- Court
- Supreme Court of India
- Petitioner
- Pukhraj D. Jain & Ors
- Respondent
- G. Gopalakrishna
- Author
- G.P. Mathur
- Bench
- S. Rajendra Babu, G.P. Mathur
Judgment text excerpt
The Supreme Court addressed the issue of specific performance under the Specific Relief Act, emphasizing that a suit for specific performance must be filed within the limitation period as prescribed under Section Limitation Act. The Court held that the trial court's rejection of the amendment application to convert the suit into one for specific performance was justified due to the bar of limitation. Consequently, the appeal was dismissed, affirming the High Court's decision to set aside the trial court's decree and reject the plaint.