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Bhagwan Kaur (Smt.) th. LR’s. vs. LR’s. of Smt. Chandrawati & Ors.

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Limitation Act, 1963–Sec. 21(1)–Code of Civil Procedure, 1908–Order 1, Rule 10 & Order 9, Rule 5–Specific Relief Act, 1963–Sec. 12–Suit for specific performance–Dismissal of suit against the respondent no. 2 under the provisions of Order 9, Rule 5–After dismissal of suit, plaintiff could have filed the fresh suit till 24.07.1985 (as per limitation prescribed for specific performance)–Instead of bringing the suit, he filed the application under Order 1, Rule 10 on 20.10.1984 and Trial Court allowed it on 23.05.1985–Order of allowing the application became final–Revival of suit against the respondent no. 2 was within the limitation of three years–It was not a case of any clog of limitation.