JUDGMENT

Gautam Kumar Choudhary, J.—This appeal has been filed against the judgment and decree passed by the Principal District Judge, Bokaro whereby and whereunder, the judgment and decree passed in favour of the plaintiff by Sub-Judge-I, Bemo at Tenughat in Money Suit No. 03/2007 was reversed.

2. The appeal has been admitted on the following substantial question of law:

Whether the learned lower appellate court has committed serious error in reversing the judgment and decree of learned trial court by misapplying the principle of Limitation Act?

3. The case of the plaintiff-appellant is that her husband completed work allocated to him vide Tender No. BKO/C/T/12/1999-2000/687-96 dated 20.03.2000, BKO/C/T/22/1997-98 dated 12.03.1998 and BKO/C/T/22/1999-2000/687-96 dated 29.03.2000. Against these completed works on request for payment an enquiry committee was constituted which submitted report to Defendant No. 2 that the work had been done by the husband of the plaintiff but no action was taken due to non-availability of fund at that time. The husband of the plaintiff died on 06.12.2002 without receiving the payment against the work completed by him. It was against this backdrop th