The appellant appealed against the dismissal of his civil suit as barred by limitation. The High Court held that the suit, filed after an inordinate delay, was hopelessly time-barred despite a prior compromise in a Section 138 NI Act matter. The appeal was dismissed.
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[2024:RJ-JP:22249-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil First Appeal No. 533/2024
Pankaj Jain S/o Shri Surendra Kumar, Aged About 47 Years, Proprietor Of Student Book Depot, Baran District Baran (Raj.)
----Appellant
For Appellant(s) : Mr. Praveen Kumar Jain For Respondent(s) :
HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order
10/05/2024
[2024:RJ-JP:22249-DB]
[CFA-533/2024]
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proceedings under Section 138 of the Negotiable Instruments Act, 1881, were initiated by the appellant.
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[CFA-533/2024]
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limitation. The learned trial Court has properly dealt with the issue with regard to suit being barred by limitation. The submission of the negative final report cannot be considered as the date on which the cause of action subsists to the appellant.
(SHUBHA MEHTA),J
(PANKAJ BHANDARI),J
LAKSHYA-DAKSH/19
1 issue framed by the court
Whether the civil suit filed on 27.07.2022 for recovery of amount due in 2008 was barred by limitation?
1 provisions across 1 enactments
Pankaj Jain
The Commissioner, Rajasthan School Shiksha Parishad
The Additional District Project, Coordinator Integrated School Education, Kota
The Additional District Project, Coordinator Integrated School Education, Baran
State Of Rajasthan
Pankaj Bhandari
Shubha Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
