P. RAJGOPALAN Vs. BIRLA JUTE & INDUSTRIES LTD.

JUDGEMENT

(1.) THE non -applicant/plaintiff filed a suit for recovery of Rs. 50,000/ - as damages for breach of contract dated 24.5.1982 by the applicants/defendants. The applicants/defendants entered appearance and filed their written statement. Para 14 of the written statement reads thus:

(2.) THUS , the defendants have raised the plea of limitation contending that in view of the notice served by the plaintiff on 18.2.1983, the suit as it is filed on 7.5.1987 is hopelessly barred by limitation.

(3.) IT is argued by the learned counsel for the applicant that as the plaintiff demanded payment of an amount of Rs. 50,000/ - as damages for breach of the contract, for which the suit was filed, and demanded payment of the amount within 15 days from the date of service of notice, cause of action accrued to the plaintiff from that date itself and, therefore, the suit on the face of it is barred by limitation and this question could have been decided by the trial Court as a preliminary issue.