MIS. DISHA CONSTRUCTIONS AND ORS. versus STATE OF GOA AND ANR.

MIS. DISHA CONSTRUCTIONS AND ORS. versus STATE OF GOA AND ANR.

The period of notice under Section 80, CPC, given within the period of limitation must be excluded for computation of limitation under Section 15(2), Limitation Act, 1963. The suit was therefore within time and not barred by limitation.

Source-derived case information.

Parties
Appellant: MIS. DISHA CONSTRUCTIONS AND ORS.; Appellants' Advocate: V.N. Raghupathy; Respondent: STATE OF GOA; Respondents' Advocate: Pawan Kr. Bansal; Respondents' Advocate: T. Mahipal; Respondent: ANR.
Jurisdiction
India
Judgment Date
09 December 2011
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Section 15(2), Limitation Act 1963, Section 80, Code of Civil Procedure 1908, Computation of Limitation Period
Limitation Law Civil Procedure Section 15(2), Limitation Act 1963 Section 80, Code of Civil Procedure 1908 Computation of Limitation Period

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Parties

MIS. DISHA CONSTRUCTIONS AND ORS.

Appellant

V.N. Raghupathy

Appellants' Advocate

STATE OF GOA

Respondent

Pawan Kr. Bansal

Respondents' Advocate

T. Mahipal

Respondents' Advocate

ANR.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the period of notice under Section 80, CPC, given within the limitation period, must be excluded in computation of limitation under Section 15(2), Limitation Act, 1963
  2. 2 Whether the suit filed for recovery of balance amount was within limitation after excluding notice period

Ratio Decidendi

The period of notice under Section 80, CPC, given within the period of limitation must be excluded for computation of limitation under Section 15(2), Limitation Act, 1963. The suit was therefore within time and not barred by limitation.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Suit held within limitation