ASHOK ARORA Vs. NITIN MISRA & ORS

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 24.8.2016 whereby trial court has dismissed the suit as barred by limitation.

(2.) The facts of the case are that the appellant/plaintiff claimed that he supplied/sold a Light B Laser Machine to the respondents/defendants. This machine was sold to the respondents/defendants as per the invoice dated 26.8.2005. The machine was installed at the place of the respondents/defendants at Pathankot on 27.1.2006. The appellant/plaintiff claims that invoice was of Rs. 14,30,000/- of which only an amount of Rs. 9 lacs was paid and therefore for the balance amount of Rs. 5.30 lacs with interest the subject suit for recovery of Rs. 18,45,000/- was filed. Interest is claimed in the suit at 11% from 27.1.2007. Part of the suit amount claimed, being a sum of Rs. 12 lacs, is the claim of the cost of a standby machine supplied.

(3.) The subject suit has been admittedly filed on 11.8.2016.