UNITECH LTD Vs. PREM BUILDERS INDIA AND OTHERS

JUDGEMENT

(1.) The point of law for consideration is: whether a suit for money for remuneration for work done amount to a suit for enforcement of debt and consequently payment in writing will extend the period of limitation under Section 19 of the Limitation Act.

(2.) The suit for recovery of money was for the work done and filed on 24.8.2004. The work had been completed and the bills had been submitted on 15.7.2000. A part payment had been made on 24.8.2001 and this was taken to be the starting point for the period of limitation in filing the suit. The defence was that for the work done and the amount payable, as it was under Article 18 of the Limitation Act, 3 years would commence only from the time when the work was completed and consequently the limitation period must start from 17.3.2000 or 15.7.2000 when the bills were submitted.

(3.) It is vehemently contended by the counsel for the petitioner that Article 18 which sets out the period of limitation is clear on this aspect and Section 19 of the Limitation Act cannot be applied to Article 18. Article 18 reads thus:-