AIROnline 2025 SC 12

Civil P.C. (5 of 1908) , O.7 R.11(d), O.7 R.13— Limitation Act (36 of 1963) , S.9, Art.113— Rejection of plaint – Ground of bar of limitation – Plaint in earlier suit for specific performance was rejected on 12.01.1998 – Right to file second suit on the strength of O. 7, R. 13 of CPC, accrued to the plaintiff on 12.01.1998 and the suit ought to have been filed on or before 12.01.2001 – Second suit was filed in 2007 when right to sue stood extinguished – Second suit was barred in law as being filed beyond the prescribed period of limitation as per Art. 113 to the Schedule to Limitation Act – Art. 54 would not apply since subsequent suit was filed for the same cause of action and for seeking very same relief of specific performance of agreement as plaint in earlier suit was rejected – Plaint was rejected.
Limitation Act (36 of 1963) , Art.54— AIROnline 2022 MAD 1340-ReversedAIR 2020 SC 2721-Relied onAIR 1992 SC 111-Relied onAIR 1966 SC 470-Relied on

(Para 9.7
9.8
9.12)

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