V.K. JAIN, J

This is a suit for recovery of Rs.28,74,316.24p. The case of the plaintiff is that he has been selling material to the defendant, on credit, since 2nd August, 2003 and the defendant company has been making payment in account to him. A sum of Rs.25,84,708.14p is alleged to be due from the defendant company towards balance price of the goods sold to it by the plaintiff. The plaintiff has claimed that amount from the defendant along with interest thereon @12% p.a. amounting to Rs.2,89,608.10p.

2. Before filing this suit, the plaintiff had filed a suit against the defendant before the learned District Judge, Delhi for recovery of price of the goods sold by him to the defendant during the period from 20th March, 2008 to 29th June, 2009. The case of the defendant is that since the present suit is based on invoices for the period from 2nd August, 2003 to 30th June, 2009, it is barred under Order II Rule 2 CPC. It is further alleged that the amount alleged to be overdue since the years 2003-04 to 2006-07 is barred by limitation since Article 14 of the Limitation Act provides a limitation of 3 years from the date of delivery of the goods.

3. The application has b