ATUL INDUSTRIAL AGENCIES Vs. G D GUPTA

JUDGEMENT

(1.) This is the first appeal preferred by the plaintiff against the judgment and decree passed by learned Additional District Judge No. 2, Jaipur City, Jaipur on 26-3-1996 dismissing the plaintiffs suit on the ground of limitation. The parties in this appeal would be referred as arrayed in the plaint.

(2.) Briefly narrated the facts are that the plaintiff filed a civil suit on 14-3-1977 for recovery of Rs. 25,546/- as damages on account of breach of contract by the defendants. The plaintiff placed orders to the defendant No. 1 for supply of Electric Driven Motor Pumps worth Rs. 27,443.95 as per schedule 'A' annexed to the plaint in the year 1973. The defendant No. 1 supplied the goods in part through his dealer the defendant No. 2, The Electric Motor Pumps were delivered directly to the Superintending Engineer, P.H.E.D., Sawaimadhopur and Pali as directed by the plaintiff as the plaintiff had agreed to deliver the pumps to P.H.E.D. department. The Superintending Engineer having inspected the Motor Pumps found the material of no use and informed the plaintiff vide telegrams dated 21-2-1974 and 22-2-1974 and demanded refund of 75% of the price paid in advance to the plaintiff. The plaintiff vide two cheques dated 12-3-1974 and 28-2-1974 repaid a total sum of Rs. 11,965.50. Thereafter, the plaintiff asked vide registered notice dated 28-2-1974 to replace the pumps but the defendants failed to do so.

(3.) Both the defendants vide separate written statements denied all the averments made in the plaint. It was the case of the defendant No. 1 that he did not supply any goods to the plaintiff and according to the defendant No. 2 the plaintiff himself purchased Electric Motor Pumps from his shop having inspected the goods and thus he is not liable for any damages. Both the defendants pleaded that the suit has been filed beyond limitation.