Q368
Limitation Act - Suit filed by plaintiff based on agreement to sell, which was executed on 3rd September, 2001 with a stipulation that sale deed will be executed within six months. Stay order passed in another appeal by which the owner was restrained from alienating the property w.e.f. 3rd March, 2003 to 28th September, 2006 for the purpose of the calculation of the period of limitation -
A.
Period of three years would start from 3rd March, 2002 i.e. after lapse for six months because there was no stay against the plaintiff for filing a suit claiming specific performance
AnswerB.
Period of stay w.e.f. 3rd March, 2003 to 28th September, 2006 could be excluded with the help of section 15 of Limitation Act
C.
Period of three years will start after 28th September, 2006
D.
Period of three years will start from 3rd September, 2001 Suit can not be filed after 3th September, 2004
Answer: Option A
Solution
Answer: Option A
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