1968 (10) TMI 108 - HC - Indian Laws

Summary

Issues:
- Applicability of Articles 62, 120, and 145 of the Indian Limitation Act, 1908 to the suit for recovery of a deposited amount under a contract.

Analysis:

1. The judgment is a second appeal from a lower court's decision dismissing the plaintiff's suit on the ground of limitation. The suit was filed for the recovery of a sum deposited under a contract that became payable upon completion of the contract. The defendants contended that the suit was time-barred under Article 62 of the Indian Limitation Act, 1908.

2. The plaintiff's argument was that Article 145 or alternatively Article 120 should apply, while the defendants argued for the applicability of Article 62. Article 62 prescribes a three-year period for suits for money received by the defendant for the plaintiff's use. However, the court found that Article 145, which deals with suits against a depositary or pawnee, was not applicable as the amount was deposited as security under the contract.

3. The court also rejected the application of Article 62, stating that it does not apply when the money received by the defendant is not for the plaintiff's use at the time of receipt. Referring to a Supreme Court judgment, the court emphasized that the right to refund must arise immediately upon receipt for Article 62 to apply. Since the amount became due upon completion of the contract, Article 120, the residuary article, was deemed applicable.

4. Citing a previous case, the court affirmed that when money is deposited as security under a contract and is refundable after contract completion, Article 62 does not govern the suit for refund. The court also highlighted that an acknowledgment of the claim by the defendants saved the suit from being time-barred even under Article 120.

5. Ultimately, the court allowed the appeal, set aside the lower court's decision, and restored the judgment in favor of the plaintiff. The defendants were ordered to pay the costs throughout the legal proceedings.

6. The judgment provides a detailed analysis of the applicability of different articles of the Indian Limitation Act to the specific circumstances of the case, emphasizing the importance of the nature of the transaction and the timing of the right to sue in determining the appropriate limitation period.