UNITED COLLIERIES LTD. Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent is directed against the judgment dated 9th September, 1998 passed in First Appeal No. 151 of 1986 (R) whereby the appeal preferred by the plaintiff/appellant has been dismissed and the judgment and decree passed by the Subordinate Judge has been affirmed.

(2.) THE facts of the case lie in a narrow compass.

(3.) DEFENDANTS /respondents contested the suit by filing written statement. Their case is that the amount of four bills totaling Rs. 1,34,379.90 paise was paid by cheque to the custodian General CMA, Calcutta and the amount of two bills were also later on paid to the Custodian General. Their further stand was that the amount which have been realized by the Custodian General have already been paid to the plaintiff and any dues even if remained unpaid the same is not payable and the suit is hopelessly barred by limitation. The trial Court although decided some of the issues in favour of the plaintiff/appellant but held that the plaintiffs suit was hopelessly barred by limitation.