- (1.) The crucial question of controversy involved in the present appeal is, "whether the suit is within limitation."
(2.) The trial Court vide judgment dated 31.08.2005 had dismissed the suit filed by the plaintiff-appellant (hereinafter referred as 'the plaintiff'). The appeal was also dismissed on 18.05.2010. As such, the plaintiff has filed this regular second appeal.
(3.) The facts, essential for disposal of the appeal, are that plaintiff-Punjab Small Industries & Export Corporation Limited had filed a suit for recovery of Rs. 16,49,867/- along with interest at the rate of 12% per annum from the defendants-respondents (hereinafter referred as 'the defendants') on the allegations that pursuant to an agreement dated 08.10.1982 executed between the plaintiff and defendant No.1 for carrying out additions and alterations in civil work of defendant No.2, as unit of defendant No.1, invited tenders from the approved contractors of Punjab PWD, Chandigarh Administration (Capital Project), MES Railway, Central PWD and Punjab State Co-operative Labour & Punjab State Co-operative Labour & Construction Society, for carrying out those works and thereafter, it was allotted to M/s P.L. Dua & Sons, for which, the contract was signed between the plaintiff and P.L. Dua and Sons. Any dispute between them was to be referred for arbitration to the Chief Engineer of plaintiff-Corporation as per clause 25 of the agreement. A dispute had arisen between the plaintiff and M/s P.L. Dua & Sons on account of non payment of due amount and the matter was referred to the Arbitrator.;