https://www.taxtmi.com/caselaws?id=200001 Specific performance is a discretionary remedy, but the discretion must rest on sound judicial principles and not on mere delay within limitation. A suit filed within the three-year period under Article 113 of the Limitation Act cannot be rejected only because the plaintiff approached the court late. Refusal is justified only where the plaintiff's conduct amounts to waiver, abandonment, acquiescence, or has prejudiced the defendant by inducing a detrimental change of position. On the stated facts, the plaintiff explained the delay and the defendant showed no such prejudice, so specific performance was granted. en-us Tue, 24 Nov 1964 00:00:00 +0530 Fri, 16 Mar 2018 17:37:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=200001 Specific performance is a discretionary remedy, but the discretion must rest on sound judicial principles and not on mere delay within limitation. A suit filed within the three-year period under Article 113 of the Limitation Act cannot be rejected only because the plaintiff approached the court late. Refusal is justified only where the plaintiff's conduct amounts to waiver, abandonment, acquiescence, or has prejudiced the defendant by inducing a detrimental change of position. On the stated facts, the plaintiff explained the delay and the defendant showed no such prejudice, so specific performance was granted. Case-Laws Indian Laws Tue, 24 Nov 1964 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=200001