Specific Relief Act, 1963–Sec. 12–Limitation Act, 1963–Art. 54–Code of Civil Procedure, 1908–Sec. 100–High Court went beyond the substantial question of law framed by it and proceeded to hold that the suit was not barred by the limitation–Otherwise also, the findings given by it on the limitation were not correct–Statutory provisions of Limitation Act were not referred by the High Court–Original owner of land (defendant-brother’s wife) was not the party to the agreement of sale–Therefore, the performance of first part of agreement cannot be compelled because it depends upon the will of the third party–Held, relief of specific performance claimed by the respondent deserves to be rejected.
