PAWAN GUPTA Vs. PRITPAL SINGH SALUJA

JUDGEMENT

(1.) This Appeal arises from dismissal of an application bearing IA No. 2520/2010 filed under Order VII Rule 11 in CS(OS) No. 1054/2004. The Application was for dismissal of the Suit being barred by law of limitation.

(2.) The said Suit is for recovery of amount of 20,20,311/- along with interest. The Plaintiff in his Suit avers that he had extended loans to the Defendant on various dates commencing from 17.07.1996 to 30.03.2000. All these amounts were paid by cheques. The Defendant made some payments towards discharge of his liability to the Plaintiff from 25.10.1997 till 06.05.1999. It is stated that no payment was made after that date, however, the Appellant offered to transfer his car bearing DL-1CG-0189 and Chassis No. 101964 and Engine No. 001022 for a consideration of 5,60,000/- which amount was to be set off against the total loan amount due. An Agreement to Sell for the said car was also entered into by the parties on 28.08.2001 to transfer the ownership of the same to the Plaintiff after getting it cleared from the hypothecation made with the Citibank.

(3.) In this Suit, the pleadings are complete and the Issues have been struck. It is at this stage that the Appellant filed his Application for rejection of suit on the ground of the bar of limitation as, according to the Defendant, the Suit has been filed three years after the last payment made by the Plaintiff as averred in the Plaint itself. He further states that the Agreement for the sale of the car make no mention of any loan transaction and thus cannot be construed as an acknowledgment.