Time limit fixed for three months after passing of Preliminary Decree in Suit for Partition - suit filed after 3 years from preliminary decree - Barred by limitation

Citation

2019 (3) MWN (Civil) 406 (Mad)

IN THE HIGH COURT OF MADRAS

N. Sathish Kumar, J.

S.A. No.596 of 2010.

April 10, 2019

Kannammal and 9 Others

Vs...

Palaniammal

SPECIFIC RELIEF ACT, 1963 (47 of 1963), Sections 16(c) & 21-LIMITATION ACT, 1963 (36 of 1963), Section 54-CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Order 2, Rule 2- Suit for Specific Performance- Sale Agreement, dated 12.10.1986 in respect of 1/4th share -Time limit fixed for three months after passing of Preliminary Decree in Suit for Partition- Agreement does not stipulate that it can be enforced only after finality reached in Partition Suit Parties have specifically agreed to enforce Agreement within three months from date of Preliminary Decree or its knowledge- Preliminary Decree passed in 1992- Appeal Suit filed in Partition Suit was dismissed in 2006- Thereafter, pre-suit Notice was issued and Suit filed in 2007- Plaintiff admits knowledge of Decree in Partition Suit, but, waited till disposal of Appeal in 2006 and filed Suit in 2007 Conduct of Plaintiff exhibits no readiness and willingness-Moreso, Plaintiff filed Suit for Permanent Injunction in 2006, but no leave was obtained from Court or reserved any right to file subsequent Suit on same cause of action Injunction Suit was dismissed for default Subsequent Suit for Specific Performance is hit by Order 2, Rule 2, C.P.C. -Averments in both Plaints are same, except reliefs Plaintiff suppressed factum of filing previous Suit for Permanent Injunction in subsequent Suit Suit is barred by limitation and also hit Order 2, Rule 2, C.P.C.-Second Appeal dismissed. [Paras 28, 29 & 30]CASES DEFENDED...Respondent