VIRENDER KUMAR JAIN Vs. ALUMATE INDIA PVT LTD

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 2.2.2012. No one appears for the parties although the matter is effective item No.10 on the Regular Board. It is 2.40 P.M.

(2.) 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 dated 22.11.2003 of the trial Court dismissing the suit filed by the appellant/plaintiff under Order 37 CPC for recovery of ` 3,49,000/- alongwith interest. THE suit was dismissed as it was held to be barred by limitation.

(3.) IN my opinion, the suit of the appellant/plaintiff cannot be said to be barred by limitation inasmuch as the averments in the plaint show that the loan was given without fixing any date of repayment. Once that is so, the loan would be a loan which would be repayable on demand. The demand in this case is alleged to have been made upon the respondent/defendant for the first time by the notice dated 14.12.2001. The period of limitation therefore will be three years from 14.12.2001, and therefore the suit which was filed on 8.2.2002 would be within limitation. Suit for recovery of loan without a fixed period or a date of repayment is a suit governed by Article 113 of the Limitation Act, 1963 as per which the suit has to be filed within three years of arising of the cause of action. The cause of action in this case will arise on sending of the legal notice dated 14.12.2001. I therefore hold that the suit was not barred by limitation.