Question

For Specific Performance of a contract suit is to be instituted in

• A. 3 years
• B. 3 months
• C. 6 months
• D. No specific time limit unless mentioned in the contract

Hint:

The Limitation Act is crucial for any litigation-related exam. Memorize the limitation periods for common types of suits, such as contracts (3 years), torts, possession of property (12 years for immovable), and appeals.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the limitation period for filing a suit for specific performance of a contract. Specific performance is a remedy where the court orders a party to perform their contractual obligations. The limitation period is the maximum time after an event within which legal proceedings may be initiated.

Step 2: Key Legal Provision:
The Limitation Act, 1963, prescribes the time limits for filing different types of suits. Article 54 of the Schedule to the Limitation Act, 1963, deals with the limitation period for specific performance of a contract.

Step 3: Detailed Explanation:
According to Article 54 of the Limitation Act, 1963, the period of limitation for a suit for specific performance of a contract is three years. The time from which this period begins to run is "the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused."
Therefore, the standard time limit is 3 years, not 3 or 6 months. Option (D) is incorrect because a statutory time limit applies regardless of what is mentioned in the contract.

Step 4: Final Answer:
The limitation period for instituting a suit for specific performance of a contract is 3 years.