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Shakti Kumar vs Sky Infrastructure Pvt Ltd on 17 September, 2024

24. The facts of Sardar Singh's case (supra) are also distinguishable wherein the suit was filed after more than 08 years of the accrual of cause of action. In the said case, a specific date was given for execution of agreement to sell. Here in the present case, when the period of limitation is reckoned from the date of execution of the sale deed, the suit is within the period of limitation.
Punjab-Haryana High Court Cites 14 - Cited by 0 - Full Document

Madan Lal vs Sanjay Singh & Ors on 2 July, 2015

The application was filed on the ground that there is delay of 20 years in filing of the suit for specific performance, as such, the suit should be dismissed being not maintainable being barred by law, in view of the provisions of Order 7 Rule 11 (d) CPC. Learned counsel for the petitioner has submitted that under Section 3 of the Limitation Act, 1961, the plea of limitation is to be considered by the Court even if no plea is taken. He has also placed reliance on a judgment of this Court in "Sardar Singh v. Jaswinder Singh, (2011-2) PLR 298" in support of his contention that suit patently barred by limitation can be rejected under Order 7 Rule 11 ASHWANI KUMAR 2015.07.07 14:03 I attest to the accuracy and integrity of this document CR No. 7154 of 2013 (O & M) -2- CPC.
Punjab-Haryana High Court Cites 3 - Cited by 0 - M M Bedi - Full Document

Otis Elevators& Others vs Man Mohan Mangla on 3 October, 2017

Counsel submits that this Court in Sardar Singh's case (supra) had held that the question of limitation cannot be said to be a mixed question of law and fact and a suit for specific performance could be filed within 3 years, it was not within time and the plaint could be rejected. Counsel also submits that the plaintiff 3 of 4 ::: Downloaded on - 08-12-2017 23:10:21 ::: CR No.6801 of 2017 4 was relying upon the TDS certificate/Form No.16-A but in ACTAL's case (supra) it has been held that the issuance of TDS certificate would not amount to acknowledgment within the meaning of Indian Evidence Act.
Punjab-Haryana High Court Cites 4 - Cited by 0 - A Chaudhry - Full Document
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