Sale deeds, Article 113 of the Limitation Act, 1908, Baina dated, Time from which the period of limitation begins, Novation of contract, Performance of a contract;
Time consumed in the so called arbitration proceedings or waiting for subsequent refusal are of no assistance to the plaintiff.
Specific performance is a relief which the Court will not grant, unless in cases where the parties seeking it come promptly, and as soon as the nature of the case will admit. The rights of equity are rights which are given to litigants who are vigilant and not to those who sleep. ...Md. Badaruddin Vs. Md. Shahidullah Miah, (Civil), 14 SCOB [2020] HCD 86 ....View Full Judgment

According to paragraph No. 7 of the plaint, cause of action arose on 14.07.2002 after having knowledge from the sub-registry office. But on perusal of the records it appears that the certified copies of exhibit-2 and 2(ka) were obtained on 17.07.1995. The certified copies of exhibit-2(Ga) and exhibit-2(Gha) were obtained after filing of the suit on 05.07.2003 and 03.07.2003 respectively. Thus it can be held that the cause of action of the suit is definitely false and the suit is barred by law of limitation. The beneficiaries of exhibit-2(Gha) dated 19.12.1982 being defendant Nos. 4-5 are the sons of plaintiff No. 3 Sahaton and the husband of plaintiff No. 2 Rahaton was the identifier to exhibit-Gha dated 15.09.1994. So it raises serious doubt on the story of cause of action and as such it is held that the suit is barred by limitation under Article 120 of the Limitation Act. ...Sirajul Haque Howlader and ors Vs. Zulekha Begum & ors, (Civil), 17 SCOB [2023] HCD 199 ....View Full Judgment