DYAVANAGOUDA RUDRAGOUDA Vs. V S HUBLI

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgment and decree dated 19-7-1974 passed by the Civil Judge, Dharwar in R.A. No. 78/72 on his file, dismissing the appeal on confirming the stated-Suit on-Limitation. judgment and decree dated 29-5-1979 passed by the Munsiff, Navalgund, in O. S. No. 26/69 on his.file, decreeing the suit of the plaintiff as prayed for.

(2.) The plaintiff firm is dealing in cotton and grains at Annigeri. The defendant was having his account with the plaintiff firm and was selling his goods to the plaintiff's firm. He was purchasing goods from the plaintiff firm and also borrowing and taking money as advance since 1956-57. Finally according to the plaintiff on 11-9-1966, the defendant paid Rs. 300 towards his account and signed the entry in that behalf, leaving a balance of Rs. 3,086-20. Again on 28-11-1967, the defendant paid Rs. 500 through one Mallappa Naiker leaving a balance of Rs. 2,586-20. The defendant failed to pay this balance in spite of demands and finally a registered notice was issued to the defendant on 4-2-1969 which he refused. Hence, the plaintiff filed the suit for recovery of the said balance of Rs. 2,586-20 with interest by way of damages.

(3.) The defendant resisted the suit. He denied that he was due the plaint amount. The plaintiff did not give him the patty showing the supply of goods by defendant from 1956-57. For the past 30 years the defendant and his father were supplying goods to the plaintiff and plaintiff has not given patty showing the amounts for which the goods were sold, Therefore, the defendant pleaded that it was not possible for him to give the correct accounts. He also denied alternatively liability to pay the interest. According to him the suit was barred by time.