When the date was not fixed by the parties for the performance of a specific act, then how the court will compute the limitation period? When does the limitation period start for filing a suit? Decide with the help of th

The facts of the given situation are similar to the facts in the case of Valliammai vs. K.P. Murali and Others decided by Supreme Court on 11th September, 2023. In this case the Supreme Court has referred to the provisions of Article 54 of Part II of the Schedule to the Limitation Act, 1963 which stipulates the limitation period for filing a suit for specific performance as three years from the date fixed for performance, and in alternative when no date is fixed, three years from the date when the plaintiff has notice that performance has been refused. In this case, the Supreme Court referred to the case earlier decided in Pachanan Dhara and Others v. Monmatha Nath Maity (2006) 5 SCC 340 . The Supreme Court in the referred case had held that for determining the applicability of the first or the second part, the court will have to see whether any time was fixed for the performance of the agreement to sell and if so fixed, whether the suit was filed beyond the prescribed period unless a case for the extension of time or performance was pleaded or established. However, when no time is fixed for performance, the court will have to determine the date on which the plaintiff had notice of refusal on the part of the defendant to perform the contract. In view of the above mentioned case, it can be said that the limitation period starts when the plaintiff has notice that performance has been refused. The court will have to determine the date on which the plaintiff had notice of refusal on the part of the defendant to perform the contract.