AHMADASAHAB ABDUL MULLA Vs. BIBIJAN

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Karnataka High Court allowing the Second appeal filed by the respondents under Section 100 of the Code of Civil Procedure, 1908 (in short the 'CPC'). The present respondents are the plaintiffs. They had filed the suit for specific performance of the contract on sale which was decreed by the trial court but was dismissed on the ground of limitation by the first Appellate Court and therefore the Second Appeal was filed.

(2.) Background facts in a nutshell are as follows:

(3.) Learned counsel for the appellant submitted that the true import of Section 113 of the Limitation Act has not been kept in view.