https://www.taxtmi.com/caselaws?id=286080 Where no time for performance is fixed, limitation for specific performance under Article 54 turns on the date when refusal of performance is first known, and that factual question ordinarily requires evidence. The courts below erred in treating the limitation defence as a preliminary issue because the date of refusal was disputed; the specific performance claim could not be held time-barred at that stage. The related injunction claim, said to rest on possession, also depended on disputed facts about accrual and possession and likewise could not be dismissed as barred by limitation without trial. The limitation findings were set aside and the matter remitted for trial. en-us Mon, 06 Mar 2006 00:00:00 +0530 Tue, 11 Feb 2020 15:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286080 Where no time for performance is fixed, limitation for specific performance under Article 54 turns on the date when refusal of performance is first known, and that factual question ordinarily requires evidence. The courts below erred in treating the limitation defence as a preliminary issue because the date of refusal was disputed; the specific performance claim could not be held time-barred at that stage. The related injunction claim, said to rest on possession, also depended on disputed facts about accrual and possession and likewise could not be dismissed as barred by limitation without trial. The limitation findings were set aside and the matter remitted for trial. Case-Laws Indian Laws Mon, 06 Mar 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286080