Supreme Court of India · 2009-02-27
Venkatanatha Chary vs Nalla Raji Reddy
- Citation / case number
- AIRONLINE 2009 SC 443
- Court
- Supreme Court of India
- Petitioner
- Venkatanatha Chary
- Respondent
- Nalla Raji Reddy
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that the suit for specific performance filed by the plaintiff was barred by limitation under Article 58 of the Limitation Act, 1963, as the cause of action accrued on 31st March 1992, and the suit was filed in 2006, well beyond the three-year limitation period. The Court restored the trial Court's order rejecting the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, stating that the High Court erred in reversing this decision without requiring the defendant to file a written statement.