UNITED BREWERIES LTD Vs. D C SRINIVASA

JUDGEMENT

(1.) 1. This appeal by the plaintiff is preferred against the judgment and decree dated 16-12-1987 passed by the learned 18th Addll City Civil Judge, Bangalore City in O.S.No.10630/1981. The suit was for recovery of a sum of Rs.46,405-69 ps. inclusive of interest being the balance due in respect of supply of beer by the plaintiff to the defendants. In this judgment, the appellant and the respondents will be referred to as the plaintiff and the defendants respectively.

(2.) According to the case of the plaintiff, beer was last supplied by it to the defendants on 23-5-1978 and thereafter the defendants paid a sum of Rs.1000/- on 21-12-1978 acknowledging the amount due by them to the plaintiff. Therefore, the suit filed on 7-12-1981 was quite well in time.

(3.) Defendants pleaded that they had discharged the entire claim long back and there was nothing due by them to the plaintiff and that the suit was barred by time as the same had not been filed within 3 years from the date of last supply of the beer.