DELHI DEVELOPMENT AUTHORITY Vs. MADHUR KRISHNA

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant/Delhi Development Authority (DDA) against the judgment and decree dated 11.02.2014 passed in RCA No. 49/13/11 titled Delhi Development Authority v/s. Mr. Mahur Krishan by virtue of which the judgment and decree dated 30.10.2010 passed by the learned Civil Judge, West Delhi dismissing the suit of the appellant as being barred by limitation has been upheld.

(2.) Briefly stated that facts of the case are that the appellant/DDA filed a suit against the respondent for recovery of Rs. 3,25,264.19P on account of having awarded a work of laying water line vide Agreement dated 18.11.1983. It was alleged that the work was to be completed by 27.08.1984, however, the respondent abandoned the work without completing the same as a consequence of which the appellant had to get the work completed through M/s. R.K. Mohan Construction Company. In terms of Clause 7 of the agreement, the respondent never submitted the final bill and the work was ultimately not completed by the respondent on 27.08.1984. This resulted in filing of the suit for recovery of the aforesaid amount.

(3.) The respondent filed his written statement and contested the suit by raising the plea of the same being barred by limitation as it was filed after expiry of 13 years from the date when the work was scheduled to be completed i.e. 27.08.1984. The reason for non - completion of the work given by the respondent was non - availability of the drawing details, specifications and the stipulated material, etc. apart from rainy season and the obstruction created by the residents of the area. This was refuted by the appellant in the replication. On the pleadings of the parties, following three issues were framed: -