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march 2006

Supreme Court of India · 2006-03-06

Gunwantbhai Mulchand Shah & Ors vs Anton Elis Farel & Ors

Citation / case number
AIR 2006 SUPREME COURT 1556
Court
Supreme Court of India
Petitioner
Gunwantbhai Mulchand Shah & Ors
Respondent
Anton Elis Farel & Ors
Author
P.K. Balasubramanyan
Bench
S.B. Sinha, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court addressed the issue of limitation under the Specific Relief Act, emphasizing that a suit for specific performance must be filed within three years from the date of refusal to perform the contract as per Section Limitation Act, 1963. The Court held that the plaintiffs' suit filed on 4.4.1994 was barred by limitation since it was initiated more than 29 years after the agreement dated 18.12.1964, and thus dismissed the appeal. The ruling clarified the necessity of timely action in contract enforcement.

Gunwantbhai Mulchand Shah & Ors vs Anton Elis Farel & Ors · Niyam