PRAMOD TANDON Vs. ANIL TANDON

JUDGEMENT

(1.) With the consent of counsel for the parties, present appeal is set down for final hearing and disposal. Learned Counsel for the parties submit that trial court record would not be necessary at the time of hearing of the appeal, as copies of all the relevant pleadings and documents sought to be relied upon by them are available.

(2.) Present appeal is directed against the judgment and decree dated 12.4.2010 passed by the learned Additional District Judge, Delhi, in Suit No. 160/2008 dismissing the suit of the Appellant as barred by limitation.

(3.) The necessary facts, to be noticed for disposal of the present appeal, are that the Appellant (Plaintiff before the trial court) had filed a suit for recovery in the sum of Rs. 3,53,600/-along with RFA 350/2010Page 1 of 8 pendente lite and future interest @ 12%, per annum, against the Respondent, who happens to be his real brother. As per the plaint, the Appellant had lent a sum of 3150 Pound, approximately, Rs. 2,60,000/-, to the Respondent on 25.5.1998 by means of a bank draft in favour of M/s Creative Cottons (India) Ltd. The Appellant vide notice dated 30.1.2008 called upon the Respondent to repay the amount, which was given as a loan. Since, despite service of notice, the Respondent has failed to repay the loan, the Appellant was compelled to file a suit before the trial court. Issues were framed on 12.3.2009 and the suit of the Appellant was dismissed on the ground that the suit is barred by limitation.