STATE BANK OF INDIA Vs. AAREN EXPORTS

JUDGEMENT

(1.) HEARD the learned Counsel for the Plaintiffs and Defendants. In this suit, cause of action arose on 25th February, 1991. The plaint was lodged only on 17th February, 1994, i.e. a week before the last day of limitation. Later on the Summons for Judgment has been taken out on 20th April, 1996, i.e. more than two years after the date on which the suit was lodged.

(2.) THE learned Counsel for the Defendants, strongly contended that Rule 227 of the High Court Original Side Rules, 1980, contemplates the dismissal of the suit if the Summons for Judgment is not taken out within a period of six months from filing of the Plaint. In this case more than two years have lapsed. There is absolutely no explanation whatsoever with regard to the delay which has occurred in this matter.

(3.) THE Defendants also have raised the defence that the goods which were supplied by the Drawer of the Bill have been returned back to the Drawer and the Drawer also has given a credit note to the Defendants. The Plaintiffs have also filed the suit against the said Drawer and have obtained certain interim reliefs also.