SHAITAN Vs. AJMER VIDYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) HEARD learned counsel for the appellants.

(2.) THIS appeal, on behalf of the plaintiffs, under Section 96 of the Code of Civil Procedure, is directed against the judgment and order dated 16. 11. 2006 passed by the Additional District Judge (Fast Track) No. 2, Ajmer, Camp at Beawar, in Civil Suit No. 112/2005 (219/2004), whereby the learned trial Court dismissed the suit of the plaintiffs for compensation under the provisions of Fatal Accidents Act, 1855 (hereinafter shall be referred to as 'the Act, 1855' ).

(3.) THE learned trial Court, while deciding Issue No. 6, recorded a finding that the incident took place on 17. 3. 2000 and the plaintiffs filed the suit on 24. 2. 2004 i. e. after the delay of three-year-and-eleven-month whereas, as per Article 82 of the Part VI of the Schedule appended to the Limitation Act, 1963 (for short, 'the Act, 1963') the limitation prescribed for compensation under the Act, 1855 is only 2 years, therefore, the suit was barred by limitation and thus decided the said issue against the plaintiffs. THE trial Court also decided the other issues, but, in view of the finding in respect of Issue No. 6, the trial Court dismissed the suit of the plaintiffs being barred by limitation. Hence the plaintiffs have preferred this appeal.