Act. It held that the claim for the period 1976 to 1983 given in the schedule of the plaint was for a period beyond 3 years from the date of filing of the suit and was, therefore, barred by limitation. Plaintiff had completed the work and work done certificates were also issued, to which no objection was raised and he did not either make any claim regarding the amount. Under the arbitration clause in the Ad-hoc contract, all disputes and differences touching any of the items concerning the agreement were to be adjudicated through the sole Arbitrator appointed by the Managing Director of Food Corporation of India whose award could be final. Plaintiff having failed to refer the dispute to the sole Arbitrator and having remained silent towards any claim relating to the period prior to 1982 was precluded from raising such a claim to the present suit. Apart from that, the evidence of the plaintiff (P.W.4) was also taken into account as he did not whisper a word about the claim even prior to 1982. P.Ws. 2 and 6 being his agents, who had executed the work for the period November, 1982 to May, 1985 also had not stated in relation to the claim relating to the work done prior to 1982. No other witness of the plaintiff had spoken a word regarding the claim prior to 1982. The claim raised through the schedule were, therefore, held to be barred by law of limitation and the provisions of the Arbitration Act.
