ABHISHEK MOHATTA Vs. SPACK ENGINEERS & CONSULTANTS

JUDGEMENT

(1.) This Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the Judgment of the trial court dated 09.01.2007 by which the trial court has dismissed the suit for recovery of Rs. 6,70,000/- filed by the appellant/plaintiff by pleading that the respondent/defendant had taken a loan from the father of the appellant/plaintiff and respondents/defendants had confirmed the amount due vide Letter dated 31.03.2003 under the signatures of the respondent No. 2/defendant No. 2 who was the partner of respondent No. 1/defendant No. 1, a partnership firm.

(2.) The respondents/defendants did not appear before the trial court also despite service and were proceeded ex parte. Even in this appeal, the respondents/defendants were served by publication and they have failed to appear.

(3.) In my opinion, the trial court was completely unjustified in dismissing the suit on the ground that the appellant/plaintiff has failed to prove the liability of the respondents/defendants to pay the principal amount of Rs. 4,37,913/- inasmuch as the respondents/defendants through respondent No. 2/defendant No. 2 has acknowledged the debt in writing as required by Section 18 of the Limitation Act, 1963. This acknowledgment also operates as a fresh contract to repay the amount as held by the Hon'ble Supreme Court in the judgment in the case of Syndicate Bank v. R. Veeranna and Ors., (2003) 2 SCC 15.