ELAVARASAN Vs. SAKTHIVEL

JUDGEMENT

(1.) This revision is at the instance of the defendant in O.S.No.98 of 2017. The challenge is to the order of the learned Subordinate Judge, Neyveli, returning the counter claim filed by the petitioner on the ground that it is barred by limitation.

(2.) The suit was laid by the plaintiff for redemption of mortgage dated 30.09.2013 for a sum of Rs.3 lakhs. The defendant namely the mortgagee filed a counter claim contending that the plaintiff had borrowed a further sum of Rs.2,70,000/- from him under a document titled "xxx xxx xxx" on 06.10.2013 and therefore he would be entitled to the said sum before the decree for redemption is granted. The said counter claim was returned by the trial Court on the ground that the claim, prima facie, appears to be barred by limitation. The 4th return made by the Court reads as follows:

(3.) I have heard Mr.M.Selvam , learned counsel appearing for the petitioner and Mrs.S.R.Sumathy, learned counsel appearing for the respondent.