Supreme Court of India · 2011-12-09
M/S. DISHA CONSTRUCTIONS vs STATE OF GOA
- Citation / case number
- SC 2010/39984
- Court
- Supreme Court of India
- Petitioner
- M/S. DISHA CONSTRUCTIONS
- Respondent
- STATE OF GOA
- Author
- GANGULY
- Bench
- JAGDISH SINGH KHEHAR ASOK KUMAR GANGULY
Judgment text excerpt
The Supreme Court addressed the issue of limitation under Section 3 of the Limitation Act and compliance with Section 80 of the Civil Procedure Code (CPC) 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, specifically noting that the cause of action arose on 30th September 2006 and the suit was filed on 24th October 2009. The Court also affirmed the necessity of notice under Section 80 CPC for suits against public officials, concluding that the absence of such notice rendered the suit against defendant No. 2 invalid, but did not affect the suit against defendant No. 1.