Limitation when no date for performance of contract fixed

The Supreme Court of India in Madina Begum & Anr. Vs. Shiv Murti Prasad Pandey has observed that it is unfortunate that the Parties have to undergo another round of litigation because of non-consideration of settled legal priciples by High Court. The apex Court has reiterated that, in the absence of a specified date for the performance of the agreement,the limitation period of three years,prescribed in Article 54 of the Limitation Act, for filing Suit for Specific Performance of Contract would begin when the plaintiff has notice that the defendant has refused the performance of the agreement.

Article referred: http://www.livelaw.in/unfortunate-parties-undergo-another-round-litigation-non-consideration-settled-legal-principles-hc-sc/

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Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

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