NEW DELHI MUNICIPAL COUNCIL Vs. ASHOK KUMAR AHUJA

JUDGEMENT

(1.) THE present application is filed by the defendant, praying inter alia for rejection of the plaint on the ground that the same is barred by the law of limitation.

(2.) IT is stated by the counsel for the defendant that a bare reading of the plaint on the record shows that the plaintiff has filed a suit for recovery of Rs. 30,26,178/- against the defendant on the allegation that the defendant has not paid the bills for electricity consumption for the period from April 1996 to August 2002. He states that, as per the averments made in the plaint, without admitting the contents thereof to be correct, the amount alleged to be due and payable by the defendant to the plaintiff was for the period upto August 2002, and the period of three years, if calculated from August 2002 expired in August 2005, whereas, the present suit was admittedly filed on 09.7.2007. He further submits that the perusal of the bills annexed to the plaint for the period w.e.f January 1996 to April 1999 show that the cause of action had arisen in favour of the plaintiff to institute the present suit within three years from the due dates mentioned in the bills and taking into consideration the last bill, the period of three years expired in April 2002, whereas the present suit was filed after a period of five years therefrom. It is, therefore, stated that the plaint is barred by limitation as prescribed under the Limitation Act and under Section 363 of the New Delhi Municipal Council Act 1994. In support of his submissions, counsel for the defendant relied upon the following :-