- (1.) The plaintiff's suit for recovery of money claimed under a contract executed by and between the plaintiff and the defendant was partly decreed by the learned trial Court. In appeal, the suit has been dismissed by the High Court by holding the same to be barred by limitation. Aggrieved, the plaintiff has filed the instant appeal.
(2.) We have heard the learned counsels for the parties.
(3.) The High Court, in the order under challenge, firstly dealt with the individual claims made by the plaintiff for payment claimed to be due on account of extra works executed; for escalation of charges, etc. and thereafter went on to hold that the suit was barred by limitation. In holding the same, the High Court took into account the date of payment of the final bill to the plaintiff i.e. 13th January, 1981 to be the relevant date for determining the period of limitation for filing the suit which was so filed on 6th November, 1984. In its order, the High Court took the view that on an application of either Article 18 or 55 or 113 of the Limitation Act, 1963, as may be, as the claim in the suit was not made within a period of three years from the date of final payment i.e. 13th January, 1981 the same would be barred by time.;