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Shivani Hotel vs. Wonder Tiles & Ceramics

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Code of Civil Procedure, 1908–Order 37–Limitation Act, 1963–Art. 14–Suit for recovery of money–Limitation for filing and its starting point–Limitation is of three years and it would start from the date of last transaction i.e. delivery of goods, and the cause of action would not arise after non-compliance of the legal notice–No other act of the parties would condone the delay of the suit–Plea of the petitioner that the last payment was made on 08.12.2018 is beyond the pleading of the plaint which should not have been considered as same was not available on the date of filing the suit or consideration of the plaint for admission for hearing–Impugned order passed by the Trial Court is liable to be set aside.