RAJESH KUMARI Vs. PREM CHAND JAIN

JUDGEMENT

(1.) Plaintiff has come up in revision feeling aggrieved by the impugned order of the learned Senior Sub Judge holding her suit under order 37 Civil Procedure Code to be barred by time.

(2.) The relevant facts are jejune. The plaintiff had advanced a loan of Rs. 3000.00 to the respondent by issuing a cheque on 27.8.81. Interest was agreed to be paid by the defendant at the rate of 18% p.a. Interest as agreed was paid upto 27.2.82. The defendant issued a cheque for Rs. 270 drawn on 16.4.84 on account of interest for the period 28.2.82 to 28.3.83. The cheque when presented by the plaintiff to the bank was dishonoured for want of funds. The suit was filed on 4.4.87.

(3.) In this case answer to the question whether the suit is barred by time or is within limitation is to be found in Section 19 of the Limitation Act, 1963. The learned Senior Sub Judge has held that a dishonoured cheque cannot be treated to be payment on account of debt within the meaning of S. 19 of the Limitation Act and hence the cheque dated 16.4.84 would not extend or renew the period of limitation.