BINDESHWARI PRASAD Vs. DISTRICT BOARD OF SARAN

JUDGEMENT

(1.) In this appeal, by the plaintiff, whose suit has been dismissed by the Court of appeal below, the only question involved is a question of limitation. The appeal involves the interpretation of Section 19(1) of the Limitation Act, hereinafter referred to as "the Act".

(2.) The plaintiff was a contractor who undertook to do some repair work from the defendant, the District Board of Saran. The work agreement was executed on the 25th July, 1947; the work order was given to the plaintiff on the 6th Septem- ber, 1947; and, the work was to be completed by the 30th November, 1947. The plaintiff was proceeding with the work when, on the 1st of November, 1947, he was asked to stop it, and the work was entrusted to another contractor. Although the work was finished on the 1st of November, 1947, the present suit was filed on the 6th April, 1951. It is not disputed that Article 56 of the Act, as held by the Court of appeal below, applies here. Prima facie, therefore the suit was barred by limitation.

(3.) The plaintiff, however, in order to get over the bar of limitation, relied on the fact that the plaintiffs bill was passed on the 22nd June, 1948, for Rs. 314/-, as will appear from Exhibit B/3, and, therefore, that amounted to an acknowledgment of his claim in suit, which represented the balance of the amount of his bill disallowed, and, therefore, the period of limitation was extended under Section 19(1) of the Act, and, as such, the plaintiff's suit having been brought within three years from that date was not barred by limitation.