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Gajanan Joshi   15 March 2016

Law of limitation

Dear Sir,
 
Also I wish to explain our  matter, which is a accounting counter suit filed by our Vendor in Gujarat Court , we have already filed our Civil Suit for getting our machinery back. and then the vendor filed counter suit just to avoid giving our machine back.   
 
In the case matter at Gujarat , the issues do not have the point of Limitation.  On the basis of documentary evidences, we submitted our 2 applications.
 
1. to Dismiss the case with cost as the suit filed by Plaintiff is time barred-  explaination is as follows.
 
 Limitation, as the Himatnagar court suit filed by the plaintiff against us is time barred as last transaction date with the party was 18/01/2001 while they filed suit in December 2004, which is beyond the limitation period of 3 years . Also Limitation point was not there in issues .  We applied for dismissal of case under limitation, Since our Application was in English and all work there conducted in Gujarati Language and hence Judge ignored our submission and  she did not look into facts and rejected our application Under Rule 7/11.   NOW WE WANT TO INCLUDE THIS LIMITATION POINT IN ISSUES OF CASE. 
 
2. We have submitted our stay application to Gujarat Court  U/s.10, as and presntly hearing is going on the same. as per provision we have requested to keep the proceedings of counter suit in abeyance till the earlier suit is decided. 
 
Pls advice us on above matter , how can  we now nclude limitation  point in issues, how we can file review application to the same court requesting judge to consider proofs and submissions given in english languate. 
 
Apart from it we have one Maharashtra co op society matter.  We are looking for a good advocate on retainership basis.  pls suggest us the good one who can look into above referred matters and also any other matter which may arise.
 
pls revert asap
 
A.K.AGGARWAL

 

 



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