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.