(2016) 5 MLJ 535 (SC)
Sundaram Finance Limited vs. Noorjahan Beevi
Date of Judgment : 29.06.2016
Limitation – Agreement – Bar of Limitation – Limitation Act, 1963 (Act 1963), Articles 55 and 113 – Appellant/Plaintiff/Finance company and First Defendant had entered into agreement – First Defendant/hirer was to clear off entire amount due in monthly instalments – First Defendant committed default in payment of instalments – Plaintiff filed Original Suit praying for decree of sum along with interest – Trial court after considering facts held that suit is barred by limitation – High Court also affirmed judgment of trial court and held that suit is barred by limitation – Whether suit filed by Plaintiff was barred by limitation – Held, rights of parties have to be determined as per terms and conditions of agreement – Terms of agreement clearly indicate that on committing breach of terms and conditions of agreement rights shall accrue to Plaintiff to sue for balance instalments and damages for breach of contract – Right to sue shall not stand differed till either sale or till the last date of payment of instalment – Both courts below have rightly taken view that limitation shall start running from the date hirer defaulted in making payment – Suit filed beyond three years from date was clearly barred by time – Appeal dismissed.