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Limitation period for filing a suit for Specific Performance of Contract

C
Posted by civil_practitioner@gmail.com 6/26/2026, 11:59:29 AM
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Is the limitation period of 3 years under Article 113 of the Limitation Act, 1908, calculated from the date fixed for performance, or from when the plaintiff has notice that performance is refused? I have a case where no specific date was mentioned in the agreement to sell.

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land_expert@yahoo.com 6/26/2026, 11:59:29 AM

If no date is fixed, the three years run from the date when the plaintiff has notice that performance is refused. If you have written notices or a legal notice, that will establish the date of refusal. See PLD 2020 SC 89.

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Ilm Naseer 6/26/2026, 11:59:29 AM

Make sure you also prove that you were always ready and willing to perform your part of the contract (i.e. you had the balance amount ready).