DELHI DEVELOPMENT AUTHORITY Vs. AADHAR STUMBH

JUDGEMENT

(1.) The present regular first appeal under Sec. 96 of the Code of Civil Procedure (hereinafter, CPC) seeks to assail the judgment and decree dtd. 19/10/2019 passed by the Ld. ADJ-02, Saket Courts, New Delhi in CS DJ No. 1863/2017. Vide the impugned judgment, the learned Trial Court has dismissed the suit for recovery filed by the appellants/Delhi Development Authority(DDA) by holding that the same was barred by limitation.

(2.) Before dealing with the submissions of the learned counsel for the appellant, it would be appropriate to note the brief factual matrix.

(3.) The appellant/plaintiff entered into an agreement with the respondent/defendant on 4/1/2002 for construction of 272 MIG Houses at Sector-12, Pkt.8, Dwarka, Phase-I with a stipulation that the project would commence from 8/1/2002 and would be completed on or before 7/1/2004. As the project was completed in time by the respondent, the appellant released the entire due amount as per the 17th Running account bill in it's favour in March, 2006 itself. It is the appellant's case that the said payment was made subject to the respondent carrying out the requisite rectifications, which it failed to do despite repeated requests of the appellant.