Supreme Court of India · 2011-12-09
M/S. Disha Constructions & Ors vs State Of Goa & Anr
- Citation / case number
- AIR 2012 SUPREME COURT 1769
- Court
- Supreme Court of India
- Petitioner
- M/S. Disha Constructions & Ors
- Respondent
- State Of Goa & Anr
- Bench
- Jagdish Singh Khehar, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court analyzed the applicability of Section 80 of the Civil Procedure Code and Section 15(2) of the Limitation Act, 1963 in a suit for recovery of money. The Court upheld the High Court's finding that the suit was barred by limitation as it was filed after the prescribed period, despite the notice being served to defendant No. 1. The Court clarified that the requirement of notice under Section 80 CPC was not fatal to the suit against defendant No. 1, but the limitation period had expired, leading to the dismissal of the appeal.