MANISH GARG Vs. EAST INDIA UDYOG LIMITED

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 15/02/2000 passed by learned Additional District Judge in Suit No. 62 of 1999. Plaintiff/ appellant had filed Suit for recovery of Rs.4.00 lakhs alongwith cost and interest. By the impugned judgment and decree the Suit is partly decreed for a sum of Rs.36,404.08 paise representing five bills raised by the plaintiff on the defendants against supply of goods. The details of these bills are as under:- <FRM>JUDGEMENT_493_AD(DEL)3_2001Html1.htm</FRM>

(2.) The plaintiff had filed the Suit for recovery of amount against supply of goods in respect of various other bills as well. However, the learned Additional District Judge by impugned judgment and decree held that the claim in respect of these bills, which were prior in time to the aforesaid bills, was time barred and thus rejected l rest of the claims and decreed the claim in respect of the aforesaid bills only which were found to be within limitation. The plaintiff has filed this Appeal challenging the finding of the Trial Court holding rest of the claims as time barred.

(3.) The plaintiff had filed statement of accounts (Exhibit Public Witness.1/56). It starts from 12/02/1994 and gives the details of various bills raised from time to time when the material was supplied to the defendant. It also mentions various payments made by the defendant to the plaintiff, credit of which has been given in the statement of account. Suit for recovery was filed on 15/02/1999. Article 14 of the Limitation Act prescribes limitation for a Suit filed for particulars of goods sold and delivered. Period of limitation is three years which is to be determined from the date of delivery of goods. However, as per the agreement between the parties 60 days credit was to be given to the defendant for making payment. Under Article 15 of the Limitation Act, the Limitation starts from the date of expiry of fixed period of credit. On this reckoning by counting the period of limitation of three years backward from 15/02/1999 when the Suit was filed, the Trial Court held that claim in respect of aforementioned five bills only was within limitation.