ALLAHABAD BANK Vs. SUNIL DUTT

JUDGEMENT

(1.) No one appeared for the parties on 19.11.2009 when adverse orders were deferred in the interest of justice. This matter is on the 'regular board' of this Court since 3.1.2011 and today is effective item No. 10. No one appears for the parties although it is 12.25 pm. I have therefore perused the record and am proceeding to dispose of the appeal.

(2.) The facts of the case are that the Appellant bank filed a suit for recovery against the Respondents for credit facilities granted, and which suit was dismissed as barred by time as per the finding on the issue of limitation being issue No. 5 and also by holding that certain documents are forged, which was a finding with respect to issue No. 6. I may note that after holding the suit to be time barred, issues No. 2,3 and 7 have not been decided on merits.

(3.) The suit was filed on 24.12.1985. It has been held that the suit is barred by time because the first acknowledgment of debt was dated 30.9.1979 and the second acknowledgement was dated 30.12.1982 i.e., beyond the period of three years of execution of the first acknowledgment of debt. It was held that since the acknowledgement of debt has to form a chain which has to be within three years of execution of earlier acknowledgment of debt and therefore the suit has been held to be barred by time.