AIR 2015 (NOC) 840 (MAD.) ::2015 AIR CC 1398 (MAD)

Madras High Court

Hon'ble Judge(s): R. Subbiah , J

(A) Specific Relief Act (47 of 1963) S. 20 — Limitation Act (36 of 1963), Art 54 — Suit for specific performance — Limitation — If specific date is fixed for performance of agreement, then non-compliance of agreement on date would give cause of action to file suit for specific performance within three years from date so fixed — If no such date is fixed, limitation of three years to file a suit for specific performance would begin only when vendee has notice that vendor has refused performance of agreement (Para 13)

(B) Civil Procedure Code (5 of 1908) O. 7, R. 11(d)— Rejection of plaint — Application for — Plea that while considering application under O 7, R 11 documents filed cannot be looked into only averments in plaint has to be considered — Not tenable — When particular document forms basis of plaint, said document is treated part of plaint, as being part of cause of action — Suit filed on basis on sale agreement — Sale agreement has to be treated as part and parcel of plaint AIR 2012 SC 3912, 1970 MLT 400, Relied on (Para 14)

(C) Civil Procedure Code (5 of 1908) O. 7, R. 11(d)— Limitation Act (36 of 1963), Art 54 — Rejection of plaint — Ground of bar of limitation — When it is apparently clear from averment of plaint that suit has been filed beyond limitation period, plaint could be rejected at threshold 2013 (4) CTC 175, Relied on (Para 15)