(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial court dated 27.8.2002 decreeing the suit of the respondent / plaintiff for Rs.2,44,655/- along with pendente lite and future interest @ 16% p.a.
(2.) THE facts of the case are that the respondent / plaintiff filed a suit against the appellant for recovery of Rs.4,95,000/- claiming that the said amount was due on the basis of a running account. The goods in this case which were said to be supplied to the appellant / defendant were colours and chemicals. The respondent / plaintiff further claimed in the plaint that the appellant / defendant had issued two cheques, one dated 29.8.1995 for Rs.35,000/- and another dated 10.6.1995 for Rs.50,000/- both of which were dishonoured. The suit was filed claiming the amount of the bills with interest @ 12% per month. The suit was originally filed under Order 37, but was subsequently treated as an ordinary suit.
(3.) WITH respect to the plea of limitation, the trial court had framed issue No.2 and the finding with respect to which reads as under: