POWER CENTRE PVT LTD Vs. S PRABHAKAR

JUDGEMENT

(1.) CIVIL Revision Petition No:1616 of 2006 has been filed against the order dated 29.03.2006 made in I.A.No:3071/2004 in O.S.No:10596/87 passed by the learned II Assistant Judge, City CIVIL Court, Chennai.

(2.) CIVIL Revision Petition No:1617 of 2006 has been against the order dated 11.7.2005 made in I.A.No:17086/2004 in O.S.No:10596/87 passed by the same court.

(3.) FURTHER in the I.A., the plaintiff has quoted a wrong provision of law viz., Order XXXIV Rule 2(b) CPC when the suit is a simple money suit. FURTHER, even assuming that final decree petition is maintainable, the period of limitation under Art.137 of the Limitation Act is only 3 years and not 12 year and therefore the I.A., filed beyond the period of 3 years is not maintainable. It is also further contended that the claim for holiday allowance, conveyance allowance, medical allowance and bonus are part of the suit claim and they have been ascertained in the suit itself and there cannot be a separate petition claiming the same.