NARULA AND CO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE only ground raised in this appeal is about the limitation of the counter claim filed by the State in a suit filed by the appellant. The counter claim relating to a money claim of the State has been entertained by the trial Court by treating the limitation in filing a counter claim in a suit by the State in any matter to be 30 years in accordance with the provisions of Article 112 of the Schedule appended to the Limitation Act, 1963.

(2.) IT has been contended by learned Counsel for the appellant before the learned Single Judge as well as before us that limitation for filing of a suit for the plaintiff -appellant had been three years and necessarily for that reason the limitation for entertaining any counter claim in such suit can only be three years and not different from the limitation of the suit in which counter claim has been filed. It was also contended by learned Counsel that Article 112 is restricted to the suit in relation to the immovable properties as according to him the corresponding provision in the Limitation Act, 1908 was operative only in the field of suit filed by the State relating to immovable property which was repealed by the Act of 1963.

(3.) IT is apparent from the perusal of the Article 112 that it makes no distinction between the suit involving immovable property or movable property. In fact it applies to suits of all kinds irrespective of nature of claim made by or on behalf of the Central Govt. or any State Govt. including the Government of the State of Jammu and Kashmir.