GLAZE ADVERTISING & ANR Vs. MAHINDER KUMAR GANDHI

JUDGEMENT

(1.) Respondent filed a suit for recovery of Rs. 2,03,000/- against the appellants on the grounds that there were business dealings between the parties and an account was maintained by the respondent for the said business transactions. Appellants had been making payment in account on different dates. After adjusting part payments, a sum of Rs. 1,35,785/- remained payable, which appellants failed to pay despite repeated requests. Appellants had been issuing various cheques of different amount which on presentation were dishonoured. Appellants contested the suit and one of the defence raised by the appellants was that the suit was barred by period of limitation Trial Court framed following issue beside others:

(2.) After appreciating evidence of the parties and statement of accounts filed by respondent's Counsel. Trial Court concluded that the suit was filed on 20th May, 2005 and sales made by the respondent to the appellants within three years prior to filing of the suit were within period of limitation and the sales made prior to said three years were barred by period of limitation. In view of this, Trial Court passed a decree for Rs. 9,962/- only with interest.

(3.) Appellate Court vide impugned judgment and decree dated 24th January, 2000 reversed the findings of the Trial Court on the said issue and concluded that suit of the respondent was within the period of limitation as payments were made from time-to-time and respondent was within his right to adjust the payments against previous dues, which he did as reflected in statement of accounts and passed a decree for the amount claimed in the suit with interest.