Bachawat, J. - (1.) This revisional petition arises out of a suit instituted by the petitioner against the Municipal Board, Benares and its Administrator in the Court of Small Causes Calcutta, for the recovery of the price of goods said to be sold and delivered by the petitioner to the Municipal Board, Benares.
(2.) Four items of goods were despatched and sent by train from Calcutta to Benares by the petitioner to the Municipal Board. The petitioner submitted its bill for Rs. 1918/- dated 19-8-1949. By a letter dated 13-9-1949, the Municipal Board, Benares, rejected two items of goods on the ground of late supply and inferiority of quality. There was subsequent correspondence but the Municipal Board persisted in its contention that the goods were duly rejected. The petitioner served a formal notice dated 16-8-1950 on the Municipal Board. The petitioner instituted the present suit claiming a sum of Rs. 1660/- being the balance of the price of goods after giving credit for the sum of Rs. 258/- paid by the Municipal Board on or about 10-4-1950. The learned Judge of the Court of Small Causes by his judgment dated 12-5-1952 dismissed the suit on the ground that it was barred by the special law of limitation embodied in Section 326(3) of the United Provinces Municipalities Act, 1916, (Act II of 1916). The judgment was affirmed by a Full Bench of the Court of Small Causes on 3-2-1954.
(3.) On the assumption that the special law of limitation does not apply to this case, it is clear that the suit is not barred by the law of limitation. Article 52 of the Indian Limitation Act will then apply to the case. The suit is not barred because it was instituted within three years from the date of delivery of the goods. The Municipal Board relies upon the provisions of Section 326(3) of the United Provinces Municipalities Act, 1916. Sub-sections (1) and (3) of Section 326 are as follows: "(1) No suit shall be instituted against a board, or against a member, officer or servant of a board in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice in writing has been, in the case of a board, left at its office, and in the case of a member, officer or servant, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff and the plaint shall contain a statement that such notice has been so delivered or left. x x x x "(3) No action such as is described in Sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be commenced otherwise than within six months next after the accrual of the cause of action x x x x".;