In RFA 390/2022,CM APPL. 36388/20220-DEL HC- Article 112 of Schedule I of Limitation Act is applicable only to government and not to any of its agencies: Delhi HC confirms Trial  Court’s view that suit for recovery preferred by DDA was not governed by Article 112 
Justice Rekha Palli [23-08-2022]

Read Order: DELHI DEVELOPMENT AUTHORITY & ANR v. AADHAR STUMBH 

Manismran Kaur

New Delhi, August 25, 2022: The Delhi High Court has upheld the consistent view of its different Co-ordinate benches that Article 112 of the Schedule I of the Limitation Act is applicable only to the government and not to any of its agencies.

The Single Judge Bench of Justice Rekha Palli dismissed the  present first regular appeal  which was instituted under Section 96 of the Civil Procedure Code in order to assail the judgment and decree dated October 19, 2019 Additional Sessions Judge. The Single Judge bench was of the view that there was  no reason  to differ from the view taken by the Coordinate Benches or to  interfere with the impugned judgment.

The relevant facts in brief for adjudication of the present appeal were that the  appellant/plaintiff entered into an agreement with the respondent/defendant on January 4, 2002 for construction of 272 MIG Houses in Dwarka, Phase-I with a stipulation that the project would commence from January 8, 2002  and would be completed on or before January 7, 2004.  As the project was completed in time by the respondent, the appellant released the entire due amount as per the 17th Running account bill in its favour in March, 2006 itself.

 It was the appellant’s case that the said payment was made subject to the respondent carrying out the requisite rectifications, which it failed to do despite repeated requests of the appellant. On May 28, 2015, the appellant instituted a suit against the respondent alleging therein that even though the construction carried out by the respondent was found to be substandard, it failed to rectify the defects and was therefore, liable to refund a sum of Rs.42,75,578.85/- along with interest @ 18%. per annum.

In pursuance of the same, the Trial Court while dismissing the suit preferred by the appellant, rejected its plea claiming that its claim was covered by Article 112 of Schedule I of Limitation Act and not by Article 55 of the said Act. Aggrieved by the same, the appellant preferred the present appeal. 

After hearing the rival contentions of the parties, the Court noted that the issue regarding the  applicability of Article 55 vis-à-vis Article 112 to the DDA was no longer res integra and already stood decided against the appellant by various decisions of this Court. Different Coordinate benches of this Court had  taken a consistent view that Article 112 of the Schedule I of the Limitation Act is applicable only to the government and not to any of its agencies, the Court further remarked. 

Thus, in light of the aforesaid observation, this Court was of the view that it saw no reason to differ from the view taken by the Coordinate Benches or to interfere with the impugned judgment.

Thus, the Court stated that it was necessary to deal with the application seeking condonation of 19 days delay in filing the appeal or the application seeking condonation of 902 days delay in re-filing the same. The appeal, being meritless, was dismissed along with all pending applications.