B K AGGARWAL Vs. GYASUDDIN AHMED

JUDGEMENT

(1.) The present second appeal is directed against the judgment and decree dated 15.09.2014 passed by the learned ADJ (East), Karkardooma Courts, Delhi in RCA No.37/2012, whereby the first appeal preferred by the appellant/plaintiff has been dismissed and the judgment and decree dated 17.10.2011 - dismissing the suit of the appellant/plaintiff being Suit No.128/2009 passed by the learned Senior Civil Judge, has been affirmed.

(2.) The admitted position is that the parties had business transactions. The plaintiff supplied goods to the defendant. Payments were being made by the defendant from time to time in respect of the supplies made by the plaintiff. The case of the plaintiff was that the last supplies were made to the defendant on 19.08.2002 vide bill no.317 for Rs.3,063/-. The plaintiff claimed that the defendant made payment of Rs.10,000/- by cash on 22.07.2005 and further payment of Rs.8,000/- was made on 17.10.2007.

(3.) The defendant contested the suit by raising several issues, including the issue of limitation as the suit was instituted on 13.05.2009. The Trial Court framed the issues including the issue whether the suit of the plaintiff is barred by limitation. While findings were returned by the Trial Court on all the issues in favour of the plaintiff, on issue no.3 i.e. the issue of limitation, the Trial Court returned the findings in favour of the defendant and against the plaintiff and, consequently, dismissed the suit. The First Appellate Court has concurred with the said findings. Thus, the only issue that arises for consideration before this court is whether the suit of the plaintiff is barred by limitation.