DENA BANK Vs. PRAVEEN KUMAR GUPTA

JUDGEMENT

(1.) The respondent herein filed a suit against the appellant for the recovery of Rs. 70,148.80P before a Civil Judge which was decreed in his favour to the tune of Rs. 65,148.50P along with interest future and pendentelite @ 12% per annum from the date of filing of the suit till realization of the decreetal amount. Aggrieved by the said order, the appellant preferred an appeal before the Additional District Judge Shri D C Anand which was dismissed vide order dated February 21, 2006.

(2.) The only point that has raised by the appellant before this Court is that the suit of the respondent was barred by limitation. It has been held by the Civil Judge and so also by the Additional District Judge that the respondent was having current and running account with the appellant and the case was covered by Article 1 of the Schedule to the Limitation Act which runs as under:- Description of suit Period of limitation Time from which period begins to run 1. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties Three years The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account.