NATIONAL CO-OPERATIVE CONSUMERS FEDERATION OF INDIA LTD. Vs. INDIAN COUNCIL FOR HISTORICAL RESEARCH AND ORS.

JUDGEMENT

(1.) THIS is an appeal directed against the judgement and decree dated 26.03.2014, rendered by the Addl. District Judge, Patiala House Courts, New Delhi. By virtue of this judgement, the suit filed by the appellant/ plaintiff, for recovery, was dismissed on the ground of limitation.

(2.) RESPONDENT no.1/ defendant no.1 placed an order on the appellant/ plaintiff for purchasing a Canon Digital Copier IR -5000 (hereafter referred to as the "photocopier"). This order was placed on the appellant/ plaintiff on 04.06.2004. The photocopier was received by the respondents/ defendants at the agreed site, on 13.08.2004. The photocopier was installed in the office of respondent no.2/ defendant no.2 which is located in Guwahati, in the State of Assam.

(3.) MS . Bhattacharya, who appears for the appellant, has assailed the judgement on the ground that the trial court did not take cognizance of the provisions of Section 25(3) of the Indian Contract Act, 1872 (hereafter referred to as the Contract Act). Ms. Bhattacharya did concede though, that no arguments were addressed on the basis of the provisions of Section 25(3) of the Contract Act. It is, however, her submission, that since the facts, which have emerged from the record, are not in dispute, a legal plea such as the one based on the provisions of Section 25(3) of the Contract Act can always be propounded even at this stage.