Law:

Section:

(a) Specific Relief Act (I of 1877)---.--- ---.--- S. 42---.---Limitation Act (X of 1908), Art.113---.---Suit for specific performance of contract---.---Limitation---.---Starting point---.---Article 113 of Limitation Act, 1908 had two clauses and had provided three years of limitation for filing of a suit for specific performance of a contract; according to its 1st clause, if a date was specified in the contract itself then starting point of limitation was the date so mentioned and plaintiff was required to file a suit for specific performance within three years from such date in case of a refusal on the part of vendor/defendant to perform contract Second clause of Art.113 of Limitation Act, 1908, had provided that when no such date was specified in the contract then the suit was to be filed within three years from the notice of refusal by opposite party---.---Notice of refusal could be formal or informal---.---When there was no formal notice of refusal by promisor/vendor, then refusal could be gathered from the conduct of promisor and the circumstances of the case---.---Article 113 of Limitation Act, 1908, did not speak of period or time for specific performance, but it speaks of specification of a particular date. (b) Interpretation of statutes---.--- ---.--- interpretation of a provision of law besides other requirements, was always made primarily keeping in view the language used in it. (c) Specific Relief Act (I of 1877) ---.--- S. 42---.---Limitation Act (X of 1908), Art.113---.---Suit for specific performance of contract---.---Limitation---.---Starting point of limitation ¬Article 113 of Limitation Act which had provided three years of limitation for filing of a suit for specific performance of a contract; had two clauses---.---According to its 1st clause, if a date was specified in contract sought to be specifically performed itself, then starting point of limitation would be such date as was mentioned in the said contract and plaintiff was required to file a suit for specific performance within three years from such date in case of a refusal---.---Second clause of Art. 113 of Limitation Act, 1908 had provided that when no such date was specified in the…

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