SHANKAR MORESHWAR KULKARNI CHINCHWADKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a second appeal from the judgment and decree dated 14th March 1961 of the learned Assistant Judge, Kolhapur, allowing the defendants' appeal and dismissing the suit of the plaintiff on the ground of limitation.

(2.) THE plaintiff had filed the suit from which this appeal arises in the court of the learned Civil Judge, Senior Division, Kolhapur, for recovery of a sum of Rs. 1,319-8-6, interest and costs on the following facts: Messrs. Dhavate and Rote had filled in a tender for supplies with the Director of Civil Supplies, Kolhapur State. The tender was accepted by two letters dated 9th November 1944 and 8th January 1945. Under the terms of the contract, 10% of the amount payable to Messrs. Dhavate and Rote was to be deducted and paid to them on completion of the contract. The contract was completed in the year 1946. Kolhapur State thereafter merged in the then State of Bombay and was later succeeded by the State of Maharashtra. By a letter dated 27th May 1949 the Civil Supplies Department, Kolhapur wrote to Messrs. Dhavate and Rote informing them that a sum of Rs. 2,079-9-1 was due to them and asking them to send a receipt signed jointly by Dhavate and Rote and to receive the amount This amount was, however, not drawn by Messrs. Dhavate and Rote.

(3.) ROTE filed a suit against Dhavate on the Original Bide of the Bombay High Court and obtained a decree for Rs. 1,039-12-6. In execution of the decree, the amount in the hands of the Director of Civil Supplies Kolhapur was attached. As Collector of Kolhapur disputed the liability, a receiver was appointed to file a suit for recovery of the amount. Accordingly in 19s8, Suit No. 443 of 1958 was filed by the plaintiff as receiver against the State of Maharash-tra. The defendants inter alia contended that the suit was time barred. The learned trial Judge held that the article 145 of the Indian Limitation Act, 1908, which prescribed a period of thirty years applied and the suit was not time barred. The trial Court accordingly decreed the plaintiff's suit for a sum of Rs. 1. 039-78 and costs and interest.