MANOJ KUMAR GOYAL Vs. JAGDISH PRASHAD MODI

JUDGEMENT

(1.) VIDE order dated 30.7.2012, the issue s were framed in the suit and the issue "whether the suit is barred by limitation - was treated as preliminary issue.

(2.) THE plaintiff has filed the present suit seeking reco very of a sum of Rs.35,14,100/ -. The case of the plaintiff is that the defendant had obtained a loan of Rs.10,37,000/ - from the plaintiff on interest payable at market rate, i.e., 2% per month on 1.5.2001 and executed a receipt for the same. As per the plaintiff, the defendant had undertaken to discharge the liability within two years with interest.

(3.) AS per the plaintiff, since the defendant failed to pay the amount within the period stipulated, the present suit was filed on 04.08,2011.