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ILESH J. VORA
Arjunbhai Visrambhai Mistry – Appellant
Versus
District Panchayat – Respondent
| Table of Content |
|---|
| 1. factual background of the contractual dispute. (Para 1 , 2) |
| 2. details of the second appeal and substantial questions of law raised. (Para 4 , 5) |
| 3. argument regarding applicability of limitation periods. (Para 8 , 10 , 11) |
| 4. court's reasoning on the statutory interpretation of limitation. (Para 17) |
| 5. final decision on the appeal and concluding judgment. (Para 18 , 19) |
JUDGMENT :
Ilesh J. Vora, J.
1. This Second Appeal under Section 100 of the Code of Civil Procedure, is at the instance of original defendant, directed against the judgment and decree dated 29.11.2008, passed by the First Appellate Court at Himmatnagar, in Regular Civil Appeal No. 76 of 2005, arising from the judgment and decree passed in RCS No. 13 of 1993, by the learned Principal Senior Civil Judge, Himmatnagar, decreed the suit filed by the respondent plaintiff – District Panchayat, Himmatnagar.
2. Brief facts of the case which emerged from the records are that, the respondent plaintiff had filed a suit for recovery of damages against the appellants defendants. The plaintiff – respondent is District Panchayat i.e. local authority, who had invited the tenders for the construction of M.I. Tank at Bam
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