JAMSHEED AND CO Vs. EVEREADY INDUSTRIES

JUDGEMENT

(1.) THIS civil first appeal is directed against the judgment and decree dated 17th March, 1998, whereby suit of the plaintiff came to be dismissed, which shall be hereinafter referred to as impugned judgment.

(2.) APPELLANT -plaintiff filed a suit for recovery of Rs.3,23,529/ - before the trial court which came to be dismissed as time barred vide impugned judgment.

(3.) ON 1st December, 1986 plaintiff executed a contract with defendants and agreed to provide cleaning services in the defendants factory on the monthly service charges of Rs.2250/ - + Rs.4000/ - as cost of material and the work was to be executed right from 1st February, 1989 till 31st March, 1991. The case of the plaintiff is that in the month of April, 1990 defendants closed their factory at Khonmoh, and despite of that plaintiff -appellant rendered his services continuously but defendants failed to make payment to the plaintiff in terms of the agreement which constrained the plaintiff to serve a notice upon the defendants on 6th December, 1994. But the defendants failed to make the payment which constrained the plaintiff to file a suit on 16th October, 1996. Defendants appeared and filed written statement. Following issues came to be framed in the suit: