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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.CHAPALGAONKAR
D.V. Save – Appellant
Versus
State of Maharashtra through the Collector, Parbhani – Respondent
| Table of Content |
|---|
| 1. plaintiff's suit initiation and factual context (Para 1 , 2) |
| 2. defendant's arguments on limitation and contract breach (Para 3 , 5 , 6) |
| 3. trial court's findings and limitation principles (Para 4 , 10 , 13) |
| 4. contentions regarding legal notice and cause of action (Para 8 , 11 , 12) |
| 5. court's analysis on cause of action and limitation application (Para 14 , 15 , 16) |
| 6. dismissal of the second appeal (Para 17) |
JUDGMENT :
S.G. CHAPALGAONKAR, J.
1. The appellant (original plaintiff) impugns judgment and decree dated 24.04.1995 passed by Additional District Judge, Parbhani in Regular Civil Appeal No.10/1985, thereby dismissing plaintiff’s suit by reversing judgment and decree dated 12.01.1984 passed by Civil Judge Senior Division, Parbhani, in Regular Civil Suit No.27/1975, by which plaintiff’s suit for recovery of amount of Rs.33,650/- was decreed against State of Maharashtra.
2. In nutshell plaintiff contends that he was allotted tender for Earth-Work and Lining in Mile Nos.26 and 27 by Executive Engineer, I & P Department, Purna Project, Camp Basmath. The work of Lining in Mile No.26 was to be completed within 12 months from the date of work order dated 16.12.1964. Durin
The court ruled that a plaintiff's right to sue under Article 113 of the Limitation Act accrues when they are aware of the cause for action, making a delay in filing the suit a bar to recovery.
Limitation is not a purely question of law, but a question and fact of law—On technical grounds State should not deny to its citizens just dues.
A breach of contract claim must be filed within three years from the breach date, as specified under Article 55 of the Limitation Act, not from the date when damages can be calculated.
The determination of limitation as a mixed question of law and fact necessitates trial unless the plaint is illusory.
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