VIRVIJAY CONSTRUCTION COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and decree passed by the learned 3rd Additional Senior Civil Judge, Gandhinagar (hereinafter referred to as the "learned trial Court") passed in Special Civil Suit No. 196 of 1995, by which, the learned trial Court has dismissed the said suit relying upon the decision of the Division Bench of this Court in First Appeal No. 413 of 2000 (which was subsequently recalled by the High Court) and also on the ground that the suit was barred by law of limitation, the original plaintiff has preferred the present First Appeal.

(2.) The facts leading to the present First Appeal in nutshell which are necessary for deciding the present First Appeal are as under:

(3.) Shri S.N. Soparkar, learned Senior Advocate has appeared with Shri Amar Bhatt, learned advocate for the original plaintiff and Shri Rakesh Patel, learned Assistant Government Pleader has appeared on behalf of the State.