Suit for specific Performance - Filed after 3 yrs. of accrual of cause of action - Defendant foreign national Remaining in India only for few days Excluding period during which defendant was abroad Suit cannot be dismissed on ground of limitation.

Citation

AIR 2013 SUPREME COURT 434

SUPREME COURT (From : Delhi)

P. SATHASIVAM, J. and RANJAN GOGOI, J.

Civil Appeal Nos. 8653 and etc. etc. of 2012 (arising out of S. L. P. (C) Nos. 1891 10441-10442, 3570, 3786 and 4245-4246 of 2012), D/-3-12-2012

Satya Jain (D) Thr. LRs. and Ors v. Anis Ahmed Rushdie (D) Thr. LRs and Ors

(A)Limitation Act (36 of 1963), S.15 - Exclusion of period during which defendant is abroad - Suit for specific performance of contract - Filed after 3 yrs. of accrual of cause of action Defendant foreign national Remaining in India only for few days Excluding period during which defendant was abroad Suit cannot be dismissed on ground of limitation. (B)Specific Relief Act (47 of 1963), S.16 -(Para 15) Readiness and willingness -

Agreement to sell - Seller required to obtain Income Tax Clearance certificate at his own cost - Cl in