FASHION EXPRESS Vs. SHAKTI INDUSTRIES

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 26.11.2002 decreeing the suit of the respondent/plaintiff for recovery of Rs.3,40,609/- with interest @ 18% per annum.

(2.) THE subject suit came to be filed by the respondent/plaintiff for recovery of moneys on account of knitted fabric etc, supplied by it to the appellants. Before the trial Court, the respondent/plaintiff proved the bills by which goods were supplied as Ex.PW1/2 to Ex.PW1/55. The corresponding orders placed by the appellant/defendant were exhibited as Ex.PW1/56 to PW1/61. The statement of accounts was proved and exhibited as Ex. PW1/62.

(3.) LEARNED counsel for the appellant argued that the suit was hopelessly barred by limitation inasmuch as once the suit was not under Article 1 of the Limitation Act, 1963 and Article 14 of the Limitation Act, 1963 applied, the last admitted payment as per the statement of accounts Ex.PW1/62, being a sum of Rs.50,000/- on 21.8.1995 can extend the limitation only for three years upto 21.8.1998. But, since the suit was filed on 9.11.1998, the suit was clearly barred by time.