LAWS(SC)-1959-8-3

HINDUSTAN FOREST COMPANY Vs. LAL CHAND

Decided On August 19, 1959
HINDUSTAN FOREST COMPANY Appellant
V/S
LAL CHAND Respondents

JUDGEMENT

(1.) THE following Judgment of the court was delivered by

(2.) THIS appeal arises out of a suit filed in the High court of Jammu and Kashmir for recovery of price of goods sold and delivered. The only point involved in it is whether the suit was governed by art. 115 of the Jammu and Kashmir Limitation Act. The courts below have held, and this has not been disputed in this appeal, that if that article did not apply, the suit would fail on the ground of limitation.

(3.) IF the article applied the suit would be clearly within time as the last item found to have been entered in the account was on 23/06/1947. The only question argued at the bar is whether the account between the parties was mutual.