Suit for specific performance although within limitation may not be decreed for reasons of delay

In the recent judgement of Rajesh Kumar Vs Anand Kumar & Ors. (Civil Appeal No. 7840 Of 2023), the Supreme Court addressed critical aspects of suits for specific performance of contracts. \r

Firstly, it ruled that a power of attorney holder cannot depose on behalf of the appellant/plaintiff to prove readiness and willingness to perform the contract, as only the principal can possess personal knowledge of such matters. Secondly, even if filed within the limitation period, a suit for specific performance may be rejected if not promptly initiated after breach. \r

The case involved an agreement to sell land, where the appellant/plaintiff's delay in filing the suit led the High Court to set aside the trial court's decree. Emphasizing personal deposition and timely action, the Supreme Court upheld the High Court's decision, aligning with established precedents on the competency of power of attorney holders and the significance of timely legal action in specific performance cases.