V-E COMMERCIAL VEHICLES LTD. Vs. CHANANI TRANSPORTS

JUDGEMENT

(1.) The instant appeal is directed against the judgment/order dtd. 11/9/2015 passed by learned Civil Judge, Senior Division Ist, Hazaribagh (now Ramgarh) whereby and whereunder Title Suit No. 08 of 2015 instituted by the appellant has been dismissed under Order VII Rule 11 (d) on the ground of barred by limitation.

(2.) The factual background of this case in nutshell is that the title suit was instituted by the appellant before the court below asking relief for mandatory injunction for direction to the defendant to submit C-Forms in respect of sale of 5 trippers from the appellant in the month of November, 2010 worth Rs.3,16,20,000.00 (Three Crores Sixteen Lacs and Twenty Thousand Only). A petition under Sec. 14 of the Limitation Act was also filed for condonation of delay of 214 days in filing the said title suit. The specific case of the appellant/plaintiff before the court below is as follows:-

(3.) Learned counsel for the appellant has submitted that due to non-responding to the letters issued by appellant and its reminder the appellant preferred the title suit no. 472 of 2013 before Sub-Judge, I, Ranchi. The said suit was withdrawn on 16/9/2013 due to jurisdictional issue by filing a petition under Order 23 Rule I CPC. Thereafter, suit was allowed to be withdrawn vide order dtd. 9/6/2014 with liberty to file fresh suit before the Court of competent jurisdiction. It is further submitted that the appellant filed a title suit no. 08 of 2015 before the Court of Civil Judge, Senior Division, Hazaribagh with a petition for condonation of delay under Sec. 14 of the Limitation Act. But the learned court below held that the suit is time barred and rejected the application under Sec. 14 of the Limitation Act and also the suit vide impugned order/Judgment dtd. 11/9/2015.