Period of limitation had started running from date of plaintiff noticed that performance was refused
Limitation Act, 1963, Art.54 - Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement However, defendant having failed to respond to any of said notices, it was deemed that defendant had refused to perform his part of contract - Period of limitation had started running from date of plaintiff noticed that performance was refused by defendant and not from date of execution of agreement in question Suit having been filed within prescribed time limit u/art 54 of Limitation Act, not barred. (2023(2) Civil Court Cases 321 (S.C.)