BANK OF INDIA Vs. RITES LTD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The defendants/ petitioners have filed this revision application against the order dated 16.05.2009 passed by Sub-Judge-II, Ranchi in Money Suit No. 49 of 2008 whereby the learned Sub Judge held that Section 14 of the Limitation Act, 1963 was applicable in the facts and circumstances of the case and accordingly allowed the said petition condoning delay in filing the suit.

(3.) There is no dispute of the fact that prior to filing of the suit, the plaintiff had filed the writ petition being W.P.(C) No. 5108 of 2006 before this Court and the same was disposed of by order dated 18.07.2007 by holding that the disputed issue cannot be adjudicated upon and decided in a writ petition. Accordingly, the same was dismissed by giving liberty to the plaintiff to seek remedy before the appropriate forum. The said order passed in the Writ Petition was affirmed by the Division Bench in L.P.A. No. 293 of 2007 by order dated 05.12.2007.