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april 2004

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.

Pukhraj D. Jain & Ors vs G. Gopalakrishna · Niyam