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Delay Defeats Equity

Principles of Natural Justice & Equity

Definition

An equitable rule establishing that even where an action is brought within the outer statutory limitation period, unreasonable and prejudicial delay in asserting an equitable claim (such as specific performance) may disentitle the plaintiff to discretionary relief.

Example

In K.S. Vidyanadam v. Vairavan, the Supreme Court refused to grant a decree for specific performance of an agreement to sell immovable property because the buyer remained completely inactive for two and a half years without tendering balance consideration while real estate prices surged.