Valmiki J. Mehta JUDGMENT
Valmiki J. Mehta, J.
1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 20.10.2016 by which the trial court has dismissed the suit as barred by time. I may note that the suit has been dismissed at the initial stage even before filing of the written statement by the respondent/defendant. The suit was dismissed because the respondent/defendant had filed an application under Section 3 of the Limitation Act, 1963 for dismissing the suit as time-barred.
2. The subject suit was a suit for recovery of monies filed by the appellant/plaintiff. Appellant/plaintiff by the suit has claimed an amount of Rs. 26,63,856/-. Monies were claimed on account of supply/sale and purchase of Apples by the appellant/plaintiff to the respondent/defendant.
3. A reading of the suit plaint shows that in para 2 of the suit plaint various invoices are mentioned totalling to a sum of Rs. 2,80,32,224/-. In para 3 of the plaint, the details of payments made have been mentioned. Then in para 4 of the suit plaint, the amount due in the suit has been arrived at, and this is with reference to the ledger account of the appellant/plaintiff. This para 4 of the suit plaint reads as under:-
"4. That the Defendant had only made part payment of Rs. 2,35,20,000/- towards the outstanding amount. As such, the following amount came to be due and outstanding as on July 2013:
(True copy of the ledger account maintained by Plaintiff for Defendant for the period 2013-2015 duly reflected the sale-purchase of applies is Annexure-P 3 colly. True copy of bank statement of account of Plaintiff (relevant parts) is attached at Annexure P-4 Colly)
(underlining added)
4. The plaint thereafter makes reference to a cheque dated 19.7.2013 issued by the respondent/defendant which was dishonoured as also to various reminders which were given by the appellant/plaintiff as stated in para 10 of the plaint. Since the respondent/defendant failed to pay the suit amount, therefore, the subject suit was filed for claiming the amount which is the balance due at the foot of the running account which has been annexed at Annexure P-3 to the plaint.
5. The impugned order dismissing the suit as time barred reads as under:-
"20.10.2016
Present: Counsel for parties.
Vakalatnama filed alongwith an application U/s. 3 of Limitation Act on behalf of defendant. Copy supplied to plaintiff. The counsel for defendant has drawn the attention of the Court to para No. 13 of plaint and argued that suit is not within limitation. It is settled law that as per Section 3 of Limitation Act even if limitation point has not been raised by any of the parties, the Court itself has to see whether the suit is within limitation or not and this is dictate of Section 3 of the Limitation Act. In the present matter as per plaintiff himself cause of action has arisen on 14.05.2013 and cheque dischargin........