NAMASTHETU INFRATECH PVT Vs. PAWANPUTRA BUILDCON PVT. LTD.

JUDGEMENT

(1.) The revision seeks to challenge the order dtd. 11/12/2019 below Exh.16, whereby the application under Order 7 Rule 11(d) of the CPC filed by the applicant/defendant has been rejected on the ground that the issue of limitation is a triable issue and therefore, the plaint on this ground cannot be rejected.

(2.) Mr. Damle, learned counsel for the applicant submits that the averments in the plaint indicate the dates of invoices to be 31/5/2014 and 9/7/2014 and as the last payment is made on 22/9/2015 by the applicant/defendant and the suit having been filed on 31/10/2018, was clearly barred by limitation as it falls under Article 14 of the Limitation Act . He therefore submits that the application ought to be allowed.

(3.) Mr. Bansod, learned counsel for the respondent submits that the question of limitation is always the mixed question of facts and law and therefore, the question whether the matter would fall within Article 14 of the Limitation Act would also depend upon the evidence which is to be laid.