Suit for recovery

Munish Kumar Garg (Querist) 02 August 2011 This query is : Resolved
Hello Members

I filed a suit for recovery against the government department i.e. Haryana Warehousing Corporation, for the recovery of Rs.9 lac + interest, as they agreed with my client for taking the 2 plinths for storing the wheat on there. But the department had not paid me rent as agreed with them and I filed the suit for recovery. My suit was decreed with costs.
But the defendants filed the appeal and in which their appeal was partly allowed by which the Ld. ADJ had held that my suit was time barred as the same was instituted 1 year later from the date of claim.

As in the present case the plaintiff had filed the suit on 12.04.2006 and demanded rent from 31.07.2002 to 05.05.2005 which is beyond 3 years and as they were actually entitled to recover the rent only from 12.04.2003.

So my question is that can state government/ department can take the plea of time limitation.

As now i want to file the Regular second appeal, so tell me whether that plea can be challenged and if yes then what is the law provisions is applicable and latest case-law in this regard.

Thanks in advance.

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Guest (Expert) 02 August 2011
what were the terms and condition of the agreement for the rent.
whether the defendant have taken the plea in the lower court or not. if the opportunity is not availed in the lower court.

M.Sheik Mohammed Ali (Expert) 02 August 2011
yes i do agree expert query reply

Munish Kumar Garg (Querist) 02 August 2011
terms and conditions are agreed and there is no dispute over this... and the plea of limitation can be raised any time without making any issue on the findings to be decided by the court.
My only question is that can government take benefit of law of limitation plea against genuine claim of the claiments...

R.Ramachandran (Expert) 02 August 2011
Any party, whether Government or private can definitely take the plea of limitation.

JT Rajasuriya, Chennai (Expert) 08 August 2011
Mr.Munish,
If I understood ur problem i.e. court barring recovery of rent from 31.7.2002 to 12.04.2003, my advice (hesitating to offer free advice) is
- You can make the claim that the advance deposited was adjusted during the said period and make a strong point that the cause of action only arose upon the exhausting of the advance deposit.

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