(1.) C.M. No.1363/2018 (for condonation of delay)
(2.) This first appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 18.2017 by which the trial court has rejected the plaint on account of being barred by time.
(3.) The subject suit filed by the plaintiff for recovery of Rs.17,67,279/- on account of supply of papers made by the appellant/plaintiff to the respondent/defendant. Invoices which are in question were raised for the years 2007-2008. Admittedly the last payment made by the respondent/defendant as per the statement of account filed with the plaint is dated 8.7.2009. Therefore giving the benefit of Section 19 of the Limitation Act, 1963 to the appellant/plaintiff, the suit for recovery had to be filed on or before 8.7.2012. In the present case however the suit is filed on 21.2016. Suit is therefore barred by limitation unless the appellant/plaintiff can take benefit of such periods under Section 14 of the Limitation Act for being added to the period of limitation, and for this purpose the appellant/plaintiff pleads exclusion of two periods spent, being one in the winding up proceedings filed against the respondent/defendant and the second being as regards a suit filed before the civil court at Karkardooma and which plaint was returned to the appellant/plaintiff on account of lack of territorial jurisdiction.