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.