ALKA KASANA Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) I.A. 22875/2014 (by the defendant u/O VII R 11 CPC) The present application has been filed by the defendant/IIT Delhi under Order VII Rule 11 CPC praying inter alia that the suit be rejected on the ground that the same is barred by limitation.

(2.) The plaintiff, who was admitted in the defendant/Institute in the year 2010, as a student of M.Tech. (Laboratory Science Course), has instituted the present suit against the defendant/IIT, claiming damages of Rs. 50 lacs alongwith interest on account of 100% loss of vision with sustained chemical burn injuries suffered by her during the practicals held in the chemistry laboratory and attributed to the defendant on account of their alleged negligence when an explosion had taken place in the Institute's premises on 27.06.2011.

(3.) The only plea raised by the learned counsel for the defendant for seeking rejection of the plaint under Order VII Rule 11 CPC is that the suit is barred by limitation for the reason that the plaintiff is asking for compensation in respect of an accident that had occurred on 27.06.2011 and the period of limitation for instituting a suit as prescribed under the Limitation Act, 1963 is three years from the date of the occurrence of the accident, which would have expired on 26.06.2014, whereas the plaintiff had instituted the present suit on 30.05.2014, and on the said date, the plaint was not supported by an affidavit duly verified by the plaintiff, as prescribed under Order VI Rule 15(4) of the CPC and any re-filing of the plaint after 26.06.2014, would make the suit barred by limitation.