GOMATHI WIRES Vs. DIAMOND WIRES PVT LTD

JUDGEMENT

(1.) Instant revision calls in question the legality and propriety of order dated 16.09.2009, passed by District Judge, Raipur, in Civil Suit No. 1-B/07, whereby the trial court has held, suit is governed by Article 1 of Schedule to the Limitation Act, 1963 (for short 'the Act') and decided the preliminary issue framed in Plaintiff's (Respondent herein) favour.

(2.) Brief facts of the case are: money suit for recovery of Rs. 24,52,541.20 was filed by the Plaintiff against the Defendants (applicants herein). As per plaint averment, Plaintiff supplied to the Defendants GI wires, MS Wires and HB Wires etc. worth including taxes to Rs. 24,92,535/- on various dates commencing from 19.05.03 up to 21.01.04. Both the parties are maintaining books of account. An amount of Rs. 14,31,368/- is outstanding against the Defendants as on 31.03.2004 for which Plaintiff is entitled with interest @ 24 percent per annum and thus amount due is Rs. 24,52.541.20 including interest. According to Plaintiff, suit is governed by Article 1 of Schedule to the Limitation Act, and therefore, suit filed on 20.03.2007 is within limitation.

(3.) According to Defendants suit is governed by Article 14 of Schedule to the Act and suit being not filed within a period of three years from the date of last transaction, is barred by limitation.