LAWS(ALL)-2013-9-72

NARAYAN SHARMA Vs. DEVENDRA KUMAR SHARMA

Decided On September 05, 2013
NARAYAN SHARMA Appellant
V/S
DEVENDRA KUMAR SHARMA Respondents

JUDGEMENT

(1.) This is a defendant's appeal filed under Section 100 C.P.C. which has arisen from the judgment and decree dated 05.04.2012 passed by Smt. Sapna Shukla, Additional Civil Judge (Senior Division), Court No. 8, Meerut decreeing Original suit No. 64 of 2006, which has been affirmed by judgment and decree dated 09.04.2013 passed by Sri V.S. Patel, Additional District and Sessions Judge, Court No. 5, Meerut by dismissing Civil Appeal No. 125 of 2012, filed by defendant.

(2.) After hearing appeal under Order 41 Rule 11 C.P.C., this Court formulated following substantial question of law:

(3.) During course of the argument, I found that construction of clauses 2 and 4 of the agreement is also involved in this matter. It is necessary to find out whether a date or time has been fixed in the agreement for performance of contract so as to attract commencement of period of limitation under Article 54 of Limitation Act, 1963 (hereinafter referred to as "L.A. 1963"). Therefore, with the consent of parties, one more substantial question of law which has arisen in this matter, also formulated as under: