BHAGWAT PRASAD Vs. RAMESH CHAND

JUDGEMENT

(1.) Rsa 219/2016 & CM APPL. 29381/2016

(2.) The learned counsel for the appellant contends that by virtue of section 14 (1) and Explanation (c) of the Limitation Act, 1963, the limitation would not be applicable in the suit for specific performance which was filed within 12 days of the Supreme Court granting permission to the appellant. She further relies upon the judgment of the Supreme Court in India Electric Works Ltd. v. James Mantosh and another, 1971 AIR(SC) 2313, which held as under:-

(3.) The learned counsel for the respondent states that before the Supreme Court, the appellant's SLP was permitted to be withdrawn and simultaneously permission was granted to them to take appropriate steps. This cannot be construed to mean that the Supreme Court had implicitly condoned such delay as may have arisen in the appellant's instituting a suit for specific performance. He relies upon a judgment of the Punjab and Haryana Court in Zile Singh and Anr. vs. Avtar Singh and Ors., 2010 AIR(P&H) 42, the relevant paras read as under:-