Deoki Nandan, J. - (1.) This is a plaintiffs second appeal in a suit for recovery of Rs. 1536/- from the North Eastern Railway Administration.
(2.) The plaintiff was provided siding facilities by the Railway Administration, leaving certain siding charges during the period from Sept., 1960 to May, 1961. The plaintiff paid a sum of Rs. 1666.60 towards the siding charges on 16th June, 1961. According to the plaintiffs case the amount of Rs. 1536/- was charged in excess of that contracted for. The defendant Railway Administration denied the plaintiffs claim.
(3.) The two courts below have dismissed the suit on the ground that it was barred by limitation being governed by Art. 62 of the Indian Limitation Act, 1908. The cause of action pleaded in the plaint was the date of payment namely 16th June, 1961 and the suit was filed on 1st Jan., 1965 that is more than three years after the accrual of the cause of action. All that has been said in the plaint was that the time was also extended by the letter dated 27/31-5-63 wherein there was a promise by the railway to do the needful in the matter. This averment cannot amount to a plea of extension of limitation either under Section 19 or Section 20 of the (Indian Limitation Act, 1908 nor can any (such letter extend the limitation in a case like the present one. The only question (which, therefore, arises before me in this lapped is of limitation.;