ARVIND Vs. BHAGYASHREE FINANCE CORPORATION

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 29-8-1994, passed by the court of the principal civil judge and c. j. m. , bijapur in small cause suit No. 187 of 1993 holding the defendants to be liable to pay the decretal amount and thereby granting four equal half yearly instalments to pay the same with single default clause, the 1st defendant has come forward with the present crp.

(2.) HEARD Mr. Basavaprabhu s. Patil, learned counsel for petitioner and Sri r. b. anneppanavar, counsel for r-1a to 1b and Sri i. r. biradar for respondents 2 and 3.

(3.) IN a suit for recovery of money due on the basis of a promissory note, the petitioner herein contended that though he took the loan of rs. 10,000/- from the plaintiff on 4-5-1988, the suit filed on 9-12-1991 is barred by limitation. The other defence was that in the event of court coming to the conclusion that the loan is still payable, the defendant be granted to pay the same in yearly instalment and at the rate of Rs. 500/- per year since the oil mill did not work. The court below found that another pronote was executed on 9-12-1988 under ex. P. 8, as the defendant failed to pay the same within three months apart from issuing a post dated cheque under ex. P. 10, which was admittedly dishonoured. therefore, the suit filed is intime.