Law: Specific Relief Act, 1877

Section: 12

Law: Limitation Act, 1908

Section: 3,113

(a) Specific Relief Act (I of 1877)--- ----S. 12---Limitation Act (IX of 1908), S. 3 ,  Art. 113---Contract Act (IX of 1872), S. 62---Suit for specific performance of an agreement to sell, filing of---Limitation---Novation of contract not established---No extension in time of limitation---In the present case the agreement to sell was executed on 30-06-2001 wherein specific date of its performance was fixed as 30-06-2002---Suit for specific performance was filed by the petitioner on 4-4-2011---Plea of petitioner that Trial Court wrongly considered the suit time barred under Article 113 of the Limitation Act, 1908; that after death of alleged vendee before expiry of time mentioned in the agreement to sell, the sale deed could not be executed without procuring guardianship certificate of the minor legal heirs, therefore by consent of major legal heirs the time was extended which amounts to novation of contract hence the suit could not be dismissed on the basis of original time fixed in the agreement for execution of sale deed and since no time was fixed in terms of novation, therefore, the limitation for filing suit started from the date of refusal of performance---Validity---Plea of petitioner was not convincing to overlook or relax the starting point of limitation for accrual of cause of action under Article 113 of the Limitation Act, 1908---If there was any novation of contract, the same should have been placed on record in black and white but nothing was available on record that the parties rescinded earlier agreement and agreed to perform on the basis of novation and or the legal heirs executed any further contract represented through their guardian ad litem which superseded the earlier agreement if signed by their predecessor in interest---No legal hindrance or impediment stood in the way of the petitioner to knock the doors of the Court within the period of limitation and implead the legal heirs of the deceased vendee and if some of them were minors then, their mother could be appointed guardian ad litem on an application to the Court but no such efforts were made by the petitioner within time thus on the face of it, the Courts below had rightly held…

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