Specific Relief Act, 1963 Section 37 & 38—Suit for recovery and permanent prohibitory injunction—Limitation for filing the suit—The defendants floated tender for the year 1991-92 and 1993-94 for supply of empty bottles—The plaintiff was successful bidder and as such supplied empty bottles to the defendants—The plaintiff has also deposited security amount with the defendants-Supply of empty bottles were completed in the year 1992 and 1993, however, security deposited was not refunded—Subsequently fresh tenders were floated for subsequent years-Dispute arose between the parties qua supply of empty bottles and resultantly the defendants issued a legal notice in the year 1997 to the plaintiff threatening to forfeit the security amount—The plaintiff instituted a suit for recovery of security amount deposited in the year 1991-92 and 1993-94 and also for injunction restraining the defendants from forfeiting the security—Trial Court dismissed the suit but Appellate Court decreed the suit-Regular Second Appeal—
Held—The agreement is completed in the year 1993—Suit was to be filed within three years—Suit is barred by limitation—Contention that bottles were supplied in the year 1995 and 1997 as well as such the suit is not barred by limitation—Contention rejected—Held—Merely because orders were placed in different years cannot mean that those were referable to the tenders for the years 1991–1992 and 1993–1994, for which the security is being claimed—Suit is held barred by limitation-Impugned judgment is set aside—Appeal allowed.