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december 2011

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.

M/S. DISHA CONSTRUCTIONS vs STATE OF GOA · Niyam