VidhiSangh

Supreme Court of India · 14/12/2018

URVASHIBEN & ANR. versus KRISHNAKANT MANUPRASAD TRIVEDI

[2018] 13 S.C.R. 1242 · 2018 INSC 1212

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld refusal to reject a specific-performance plaint concerning an agreement twenty-five years earlier. No performance date was fixed and the plaintiff pleaded notice of refusal only in 2017. On those averments the limitation bar was not apparent; correctness of the claimed refusal date required trial. The Court left limitation and all other merits open for independent adjudication.

Issues

  1. Whether the plaint disclosed a limitation bar warranting rejection without trial.
  2. How Article 54 applied where no date for performance was fixed.

Provisions considered

Held

Result

Appeals dismissed; plaint to proceed. Limitation and all merits left open for the trial court; expeditious disposal requested. No costs.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1242.