BUDHMAL Vs. FIRM SHIVNARAYAN OMPRAKASH

JUDGEMENT

(1.) The present first appeal has been preferred by the appellant- plaintiff to assail the order dtd. 23/7/2024 passed by the learned Additional Sessions Judge No.4, Jodhpur Metropolitan (hereinafter referred to as "the learned Trial Court") in Civil Original Case No.53/2023, titled 'Budhmal v. Firm Shivnarayan Omprakash', whereby the learned Trial Court allowed the application filed on behalf of the respondents-defendants under Order VII Rule 11 CPC and consequently rejected the plaint filed by the appellant-plaintiff on the ground that the suit was barred by limitation.

(2.) The facts involved in the present case, in a nutshell are that appellant-plaintiff had instituted Civil Original Suit No.53/2023 before the learned Trial Court against the respondents-defendants seeking recovery of Rs.1,09,13,250.00,stating inter-alia that the appellant-plaintiff had stored the agricultural produce, namely 4571 sacks of moong and 67 sacks of cluster beans (gwar), at the warehouse of the respondent no.1 for sale on commission basis during the period between 20/10/2016 to 19/12/2016 and received 60% advance payment towards the commission on sale price of the agriculture produce. Despite repeated demands, the respondents-defendants failed to remit payment of the outstanding amount, citing the reason that due to demonetization and shortage of cash, the agricultural produce received from the appellant-plaintiff could not be sold.

(3.) The appellant-plaintiff served a legal notice dtd. 1/11/2018 upon the respondents-defendants through registered post, which was duly received by them on 5/11/2018, demanding payment of the outstanding amount for the agricultural produce supplied. However, no payment was made. The appellant-plaintiff submits that the cause of action arose on 1/11/2018, i.e., on the date of discovery of the fraud committed by the respondents- defendants. The suit was filed on 26/4/2022, which, according to the appellant-plaintiff, was within the prescribed limitation period. The appellant-plaintiff further placed reliance upon the order of the Hon'ble Supreme Court of India dtd. 10/1/2022 in Miscellaneous Application No.21/2022, whereby the limitation period for filing suits and other proceedings was extended due to the COVID-19 pandemic.