JUDGMENT

Ganguly, J.

1. Heard learned counsel for the parties.

2. Leave granted.

3. A suit was filed by the appellants praying for payment of money which according to the appellants was due to them for undertaking the construction work on behalf of the defendants. The suit was dismissed by a judgment and order dated 12th November, 2009 by the District Judge, North Goa, Panaji, inter alia, holding that the plaint cannot be registered as it was barred by limitation as also in view of the fact that there was no compliance with Section 80 of the Civil Procedure Code insofar as notice on defendant No. 2 is concerned.

4. On an appeal before the High Court, the High Court was pleased to hold that the suit is barred by limitation but on the question of notice, the High Court came to a different finding and came to the conclusion that notice was served. The material facts of the case are as follows:

5. The appellants-plaintiffs entered into an agreement with respondent No. 1 for construction of a school auditorium for Fr. Agnelo High School under M.P. L.A.D. scheme. On completion of the work on 30th September, 2006 defendant No. 2 issued a certificate of completion dated 3rd October, 2006.