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‘X’ wanted to institute a suit against ‘Y’ for the breach of contract by ‘Y’ in relation to a contract of sale of goods. The goods were delivered to ‘Y’ on 12.11.2011 in Yamuna Nagar. Since the date of the delivery, ‘Y’ is yet to pay for the goods despite repeated reminders. The lawyer admits that ‘X’ has a good case and advises him to file a case in the Yamuna Nagar. ‘X’ is not inclined to file the suit in Yamuna Nagar as ‘Y’ resides there and would be able to secure good legal representation. ‘X’ wants to file the suit in the Faridabad where ‘X’ has some relatives where it will not be very inconvenient for ‘X’ to attend to the case. Thus ‘X’ files the suit in Faridabad on 06.06.2013. He is very diligent in attending the court and pursuing his case. He is personally present on each hearing. On 08.10.2014, the court in Faridabad dismisses the suit on the ground that it has no jurisdiction to try the said suit. ‘X’ institutes a suit against ‘Y’ in Yamuna Nagar on 20.11.2014.
Discuss the rules of computation of limitation period applicable and decide the case? (15 Marks)
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