K PREMANANDA Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS revision petition under Sec. 18 of the Karnataka Small Cause Courts Act arises from the judgment and decree dt. 31-10-1994 passed in Small Cause Case No. 6556/93 decreeing the plaintiff's suit for recovery of a sum of Rs. 15,401-50 ps. with costs and current interest at the rate of 18. 5% p. a. from the date of suit till the date of decree and at 6% p. a. from the date of decree till realisation.

(2.) ). Learned counsel for the revision-petitioners contended that the defendants had taken the plea that the suit is barred by limitation as it has been filed beyond three years' period of limitation as under Article 19. Learned counsel for the respondent contended that the plaintiff had acknowledged the liability to pay the suit debt by means of a letter dt/- 5-9-1985. Respondent's counsel contended that payments had been made on various dates and so the suit was within limitation. Learned counsel also contended that there was material on record to show plea raised and evidence of acknowledgment of liability to pay vide letter dt/- 9-5-1985 and as such if revision-petitioner so presses plea of limitation the Court below may be required to decide the question of limitation afresh including the point of acknowledgment and case may be remanded for decision.

(3.) FROM a perusal of the judgment, I find that the Court below has not considered the plea of limitation raised in the written statement. The Court below has not applied its mind to the question of acknowledgment of debt liability or to the question of alleged payment. If the suit has been barred by limitation and the plaintiff fails to prove the acknowledgment and the subsequent payments, then suit is prima facie barred by limitation. The trial Court has mentioned in the judgment that the defendant has taken the plea that the suit is barred by limitation. When the Court observed as a fact that plea of limitation had been raised before it, then it was the duty of the Court to see whether the suit has been within limitation. Section 3 of the Limitation Act reads as under :-