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2005 Supreme(Del) 548

MUKUNDAKAM SHARMA, REKHA SHARMA
HINDUSTAN ROLLER SUPPLY CO – Appellant
Versus
STATE OF UTTER PRADESH – Respondent


Advocates Appeared:
CHETAN KUMAR, K.K.KAUL, SANGEETA BHARTI, SHARMA JITENDERA SHARMA

REKHA SHARMA, J.

( 1 ) THE short question, which arises in this appeal is whether the suit filed by the appellant for recovery of Rs. 4,94,824/- was barred by the law of limitation. The : 2 : RFA NO. 537/2003 learned Additional District Judge, who tried the suit has held the same to have been instituted after the expiry of the period of limitation. The appellant feels it was filed within the period of limitation.

( 2 ) BEFORE we come to the point in issue, it is necessary to refer to a few facts.

( 3 ) THE appellant was into the business of supply of road rollers on hire basis. Two such road rollers were supplied by it to the Executive Engineer construction Div. I, LNV, Faizabad, UP after an agreement in respect thereto dated 25th March, 1996. As per the terms and conditions of the agreement the hire charges were to be Rs. 600/- per day commencing from the day of handing over of the road rollers at Faizabad. The hire was to continue till the road rollers were handed back to the appellant. This agreement was extended by an order dated 8th April, 1997 on the same terms and conditions : 3 : RFA NO. 537/2003 except that the hire charges were re-determined at Rs. 700/- per day and inste
















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