Ved Prakash vs. Municipal Board, th. its Chairman, Merta City & Ors.

Limitation Act, 1963–Art. 54 & Sec. 14(2)–Specific Relief Act, 1963–Sec. 12–Dismissal of suit–Land was auctioned in favour of appellant in the year 1960–Application for the performance of agreement/execution of sale deed was filed before the Collector in the year 1973 and it was allowed on 03.09.1975–Maximum limitation for execution of sale deed was twelve years which expired in the year 1987–First suit was filed on 30.05.2000 and after its withdrawal, the second suit was filed on 19.12.2003–First suit was filed beyond the limitation–Even if, it is assumed that the cause of action arose on 16.10.1999 when the notice was served for confirmation of the bid, and first suit was filed in limitation, second suit was filed after more than the period of three years of its withdrawal, which was also barred by limitation in view of provisions of Sec. 14 of Limitation Act–Held, no case is made out for interference in second appeal.