CARBON DIOXIDE P LTD Vs. KERALA AUTOMOBILES

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree passed by the Subordinate Judge, Thiruvananthapuram in O.S.38/94. The suit is one for realisation of an amount of Rs. 16,750/- and the trial court has granted a decree. It is against that decision the Defendant has come up in appeal.

(2.) Heard the learned Counsel for the Appellant as well as the Respondent. The brief facts necessary for the disposal of the appeal are stated as follows.

(3.) The Plaintiff has entered into an agreement for supply of two wheelers with the Defendant in the suit. The agreement was A.S. 327 OF 2002 -2- entered into on 9.9.82. According to the Plaintiff by settling the accounts the amount outstanding is Rs. 16,750/- and therefore the suit is filed. The Defendant on the other hand would contend that it is a cancelled agreement and there is no relationship between the two. At any point of time no acknowledgment is given and so the suit is barred by limitation. Therefore it is submitted that the Plaintiff is not entitled to any relief.