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Head Note

The Code of Civil Procedure, 1908  - Order VII Rule (11) , The Limitation Act, 1963  - Article 54

Rejection of Plaint - Specific Performance - Bar of Limitation - Original cause of action became available to the plaintiffs on 2.12.1973, the date fixed for the performance of the contract - Same stood extended till 1.2.2024 as requested by the defendants - Plaintiffs claimed oral extension of time was given, no particulars as to when and how long, were not mentioned in the plaint - Even after knowing the dishonest intention of the sons of the second defendant with regard to the suit property in the year1985, the plaintiffs did not file the suit immediately - Suit having been filed in the year 1994 is barred by limitation under Article 54 of the Limitation Act - High Court held to have committed manifest error in reversing the well-considered order of the Trial Court rejecting the plaint as barred by the law of limitation - Impugned judgment liable to be set aside and the order of the Trial Court rejecting the suit restored.

Topic(s)-Rejection of Plaint - Specific Performance - Bar of Limitation - Plaint rejected