LAWS(SC)-2020-6-5

SHAKTI BHOG FOOD INDUSTRIES LTD. Vs. CENTRAL BANK OF INDIA

Decided On June 05, 2020
Shakti Bhog Food Industries Ltd. Appellant
V/S
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal takes exception to the judgment and order dated 2.1.2017 passed by the High Court of Delhi at New Delhi (for short, "the High Court") in R.S.A. No. 391/2016, whereby the High Court affirmed the decision of the Court of Civil Judge-05, Central District, Tis Hazari Courts, Delhi, dated 6.1.2016 in C.S. No. 950/2014 allowing the application filed by the respondents/defendants for rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, "the CPC"), instituted by the appellant/plaintiff. The Additional District and Sessions Judge, Central, Tis Hazari Courts, Delhi, vide order dated 23.7.2016 in R.C.A. No. 61794/2016 had also affirmed the order of rejecting the plaint.

(3.) The plaint came to be rejected by the trial Court under Order VII Rule 11(d) of the CPC on the ground that it was barred by law of limitation, as it was filed beyond the period of three years prescribed in Article 113 of the Limitation Act, 1963 (for short, "the 1963 Act"), as applicable to the present case, from the date when the right to sue accrued to the appellant in October, 2000. The entire discussion of the trial Court in that regard can be traced to paragraphs 10 and 11, which read thus: