PRADEEP KUMAR Vs. SINGH COPPER AND BRASS PLACE

JUDGEMENT

(1.) BY this appeal filed under Section 96 of the Code of Civil Procedure, 1908 the Appellant seeks to set aside the judgment and decree dated 11.4.2005 passed the court of the learned ADJ, Delhi whereby the suit for recovery filed by the Plaintiff was dismissed as being not maintainable.

(2.) BRIEF facts of the case relevant for deciding the present appeal are that the Appellant started supplying brass, copper, iron and white metal handicraft goods to the Respondent since 1992 -93. As per the case of the Appellant, he maintained a running account in the name of Respondent and the Respondent used to make part payment from time to time. That the last delivery of goods by the Appellant was made on 8.6.1994 and the last part payment of Rs. 1,50,000 was made by the Respondent on 5.4.95 and thereafter an amount of Rs. 2,41,649.05 was outstanding against the Respondent. A legal notice dated 8.7.1997 was served on the Respondent, but they failed to make the payment and hence the Appellant filed a suit for recovery on 30.7.1997 which was dismissed by the learned trial ground on the ground that the suit was barred by limitation and was not maintainable. Feeling aggrieved with the same, the Appellant has preferred the present appeal.

(3.) COUNSEL further states that the trial court framed Issue No.4 as 'whether the Plaintiff has a given a letter dated 27.9.1996 to the Defendants' but failed to decide the said issue. Counsel thus submits that once the trial court had framed the issue at the instance of the Respondent, then it was incumbent on the part of the learned court to have at least decided the issue.