NOVA FLEXIPACK (P) LTD. Vs. KETAN GOR

JUDGEMENT

(1.) This appeal has been preferred by the original plaintiff being aggrieved by the dismissal of the summary suit as filed seeking recovery of an amount of Rs.21,79,218/ .

(2.) The defendant despite service did not appear in the proceedings and the suit proceeded exparte. The plaintiff examined its Director who deposed in terms of the plaint averments. The plaintiff was however not crossexamined. Thereafter on the directions of the learned Judge of the trial Court an additional affidavit along with accompanying documents was placed on record. The plaintiff's witness was again not crossexamined.

(3.) The trial Court after considering the evidence on record found that out of the total thirteen invoices, the first invoice was dated 14/06/2006 and the last invoice was dated 15/12/2006. The suit as filed was on 11/01/2010. Reliance was placed upon the judgment of the Division Bench of this Court in Chintaman Dhundiraj vs Sadguru Narayan Maharaj Datta Sansthan and ors. AIR 1956 Bom 553 wherein it was held that issuance of cheques which were subsequently dishonoured would not amount to extension of the period of limitation under Section 18 of the Limitation Act, 1963 (for short, the said Act). On the ground that no alternate relief was not claimed, the entire suit was held to be barred by limitation and the same came to be dismissed. Being aggrieved the original plaintiff has filed the present appeal.