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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HEMANT M.PRACHCHHAK
Executive Engineer – Appellant
Versus
A.Patel and Company – Respondent
| Table of Content |
|---|
| 1. facts surrounding the contract and breach. (Para 1 , 2) |
| 2. arguments regarding breach of contract and limitation. (Para 5 , 6 , 7 , 8) |
| 3. court's analysis of contract law and limitation. (Para 9 , 10 , 11 , 12 , 13) |
| 4. final judgment and dismissal of the appeal. (Para 14) |
JUDGMENT :
HEMANT M. PRACHCHHAK, J.
1. Present appeal is filed by the appellant under Section 96 of the CIVIL PROCEDURE CODE against the judgment and order dated 02.05.1998 passed by the learned 6th Joint Civil Judge (S.D.) Mehsana (hereinafter be referred to as “the trial Court”) in Special Civil Suit No. 11 of 1998 whereby the trial Court dismissed the suit.
2. Facts giving rise to the present appeal are that appellant – original plaintiff had tendered for metalling work of 2nd layer of the road for the Sami Dudhka Nani Chandur M.D.R. Road. The respondent had filled the tender and it was accepted by the appellant. The tender was accepted for Rs.3,85,407/- and it was 51.25% excess amount than the tender amount and, therefore, considering the said excess 51.25% amount of Rs.1,97,522/- the tender was accepted for the sum of Rs.5,92,929/- and the contract was executed between the plaintiff and defendan
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 limitation period for filing a suit for damages begins from the date of contract breach, not from resultant damages incurred later.
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.
Acknowledgments made after limitation expiry do not revive time-barred claims under the Limitation Act.
The court upheld that the contract claims were barred by limitation due to the plaintiff's failure to prove entitlement and timely filing.
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.
Agreement to Sell – Suit for Specific Performance cannot be decreed after termination of sale agreement by defendant.
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