OOMMAN Vs. KOTTAYAM ORIENT BANK LTD

JUDGEMENT

(1.) This appeal has arisen in a suit for Rs. 9,450, odd on an overdraft account that the defendant had with the plaintiff Bank. The defendant contended that Rs. 2,500/- only were due by him, that the suit was barred by limitation, and that he was entitled to the benefits of the Kerala Agriculturists Debt Relief Act, XXXI of 1958. The first two contentions have been overruled by the court below and the last accepted, and the suit claim allowed to be repaid under S.2(c)(xi) of the Act. Counsel could not make out any error in the judgment of the court below regarding the amount decreed, or the bar of limitation, but contended that the exception enacted in clause (xi) of S.2(c) could not be attracted in this case without an enquiry whether any or all the cheques drawn by the defendant on the plaintiff Bank were over Rs. 1,500/-.

(2.) The clause in question reads: