- (1.) This is an appeal against the judgment and order dated 17th December, 2013 passed by the Hon'ble Single Judge in G.A. No. 2868 of 2013, C.S. No. 168 of 2013 whereby the Learned Judge dismissed the application filed by the defendant no. 2 for rejection of the plaint as being barred by limitation.
(2.) The plaintiff/respondent no. 1 filed a suit against the defendants claiming a money decree of Rs. 41,33,762/- on account of price of diverse jewellery sold and supplied by the plaintiff to the defendants. It is the plaintiff's case that from time to time part payments were received by the plaintiff from the defendants and the last of such payment was received on 21st April, 2010. In paragraph 21 of the plaint the plaintiff has stated as follows:- "The plaintiff states that the plaintiff's claim is not barred by the laws of limitation inasmuch as the defendant no. 1 firm as continued to make payment of the jewelleries delivered to the defendant no. 1 firm and as such, the last payment in terms thereof was made on 21st April, 2010 thereby acknowledging its liability to make payment of the entire sum as indicated in paragraph 18 hereinabove."
(3.) The defendant no. 2 filed an application wherein it has stated, inter alia, as follows:- "That from the summon of the said plaint it is seen that the plaint was presented before this Hon'ble Court on 23rd April, 2013 and the plaint was filed on that very date that is on 23rd April, 2013 and under the above context it is submitted that the plaint has not been presented or filed in this Hon'ble Court within three years from the date of last payment which is admittedly made by the defendant no. 1 on 21st of April, 2010. That in paragraph no. 21 of the said plaint it has been stated by the plaintiff that the plaintiff's claim is not barred by laws of Limitation but the defendant no. 1 only submit before this Hon'ble Court that the suit may be rejected, for, it is barred by limitation, as from the date of transaction dated 21st April, 2010, three years have been passed when the suit was presented before the Hon'ble Court.";