SHA BABULAL AND CO Vs. B NAGAPPA

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the judgment and decree dated 19-3-1974 made by the Civil Judge, Bellary in RA No. 9 of 1974 on his file, allowing the appeal on reversing the judg ment and decree dated 11-12-1973 passed by the Munsiff, Kudligi, in OS No. 28/70 on his file, decreeing the suit of the plaintiff.

(2.) The plaintiff instituted a suit for recovery of Rs. 1,090 25 P. along with interest at 12% per annum. The plaintiff described himself as a joint family firm. Subsequently, however, by an amendment, the plaintiff was changed as a partnership Act and the trial Court decreed the suit holding that the suit even after the amendment was not barred by time. The defendant took up the matter in appeal and the learned Civil Judge raised the following points as arising for his consideration in the appeal :

(3.) The learned Civil Judge, reassessing the evidence on record, answered Point No. 1 in the affirmative. Under Point No. 2 he held that the plaintiff would be awarded interest only at 6%. Under Point No. 3 he held that S. 21 of the Limitation Act was applicable and the suit after amendment was barred by time and in that view he allowed the appeal, set aside the judgment and decree of the trial Court and dismissed the suit of the plaintiff. Aggrieved by the said judgment and decree the plaintiff has instituted the above second appeal before this Court.