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april 2015

Supreme Court of India · 2015-04-24

Fatehji & Company & Anr vs L.M. Nagpal & Ors

Citation / case number
AIR 2015 SUPREME COURT 2301
Court
Supreme Court of India
Petitioner
Fatehji & Company & Anr
Respondent
L.M. Nagpal & Ors
Author
C. Nagappan
Bench
C. Nagappan, V. Gopala Gowda

Judgment text excerpt

The Supreme Court upheld the High Court's decision to restore the suit for specific performance of an agreement of sale dated 2.7.1973, which the Trial Court had previously rejected as barred by limitation under Order VII Rule 11 CPC. The Court noted that the defendants had sought extensions for obtaining necessary permissions from the lessor, which affected the limitation period. The ruling emphasized that the accrual of cause of action and the conduct of the parties must be considered in determining the applicability of limitation laws.

Fatehji & Company & Anr vs L.M. Nagpal & Ors · Niyam