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september 2013

Supreme Court of India · 2013-09-18

GOTHAMCHAND JAIN vs ARUMUGAM @ TAMILARASAN

Citation / case number
SC 2012/1907
Court
Supreme Court of India
Petitioner
GOTHAMCHAND JAIN
Respondent
ARUMUGAM @ TAMILARASAN
Author
K. S. RADHAKRISHNAN
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court held that the Indian Limitation Act, 1963, specifically Article 54, applies to the Union Territory of Pondicherry, overruling the applicability of Article 2262 of the French Code Civil. The Court established that a suit for specific performance must be filed within three years from the date of the agreement, and since the appellant's suit was not filed within this period, it was time-barred. Consequently, the Court upheld the High Court's decision to reverse the trial Court's decree in favor of the plaintiff.

GOTHAMCHAND JAIN vs ARUMUGAM @ TAMILARASAN · Niyam