ORISSA STATE FINANCIAL CORPORATION, THROUGH ITS MANAGING DIRECTOR Vs. VIGYAN CHEMICAL INDUSTRIES, THROUGH ITS PARTNER SMT. INDU SUNIL GUPTA,

JUDGEMENT

(1.) HEARD Sri A.K. Joshi counsel for the appellant and Sri S.K. Jain counsel for the respondents.

(2.) PRESENT appeal has been preferred against the judgment and decree dated 8.8.2006 passed by the Additional District Judge, Dehradun.

(3.) THE defendant No. 4 has filed the written statement. None appeared on behalf of defendants No. 1 to 3, and the suit proceeded ex parte against them. The suit was decreed for the recovery of Rs. 84,1270/ -. The defendant No. 1 to 3 neither preferred any application for setting aside the said decree nor filed any appeal against the said judgment. The defendant No. 4 (appellant) preferred an appeal against the said judgment which as registered as Civil Appeal No. 182 of 2001. During the hearing of the appeal before the Additional District Judge, the appellant has raised the issue of limitation and has submitted that the suit was barred by limitation. The appellate court has framed the issue to the effect as to "whether the suit is time barred" on 28.4.2005 and fixed 5.5.2005 for hearing.