T T MATHEW Vs. THOMAS P GEORGE

JUDGEMENT

(1.) The plaintiff - appellant in the second appeal, lost his suit based on a promissory note. The court below took the view that the suit was barred by limitation.

(2.) The promissory note for Rs.5,300 was executed on 8-4-1972. The suit was instituted on 25-11-1976. On the date of the suit, a period of three years had clearly elapsed after the execution of the promissory note. In the absence of an acknowledgment of liability, the suit would therefore be barred.

(3.) Acknowledgment was pleaded by the plaintiff. There was a specific averment to the effect that the suit was not barred in view of the acknowledgment evident from the letters written by the defendant on 21-3-1973, 4-8-1975 and 11-10-1975. In Para.4 of the written statement, the genuineness of the letter dated 21-3-1973 (Ext. A2) was disputed. The other documents were admitted to be correct.