GOODMAN AND COMPANY Vs. R.S. THIRUNAVUKARASU

JUDGEMENT

(1.) The plaintiff, Goodman and Company, by its proprietor Mallikeswaran has filed this revision petition against the judgment of the Principal District Munsif, Pondicherry, dismissing the plaintiff's suit against Thirvnavukarasu, the respondent herein, with costs. The suit itself was filed for recovery of possession of a radio set from the defendant, or in the alternative, for recovery of Rs. 450/ - being the value thereof. The case of the plaintiff was that in the month of July 1965, the defendant came to the plaintiff's company for the purchase of a radio set. The plaintiff was willing to sell the plaint schedule radio set to the defendant, but the defendant said he would observe the functioning of the radio set for 2 or 3 days and if he was satisfied with the quality of the set, he would pay for the same. But the defendant neither paid the money nor returned the radio set. The suit itself was filed on 23rd February 1971. The defendant denied the plaint allegation and said that the radio had been gifted to him in 1965 for the services rendered by him to the plaintiff's company. He also contended that the plaintiff's claim was barred by limitation.

(2.) The court below, relying upon Arts, 14 and 68 of the Indian Limitation Act of 1963, held that the suit not having been filed within three years, was barred by time.

(3.) It is against this judgment, the plaintiff has preferred this revision petition. As some important questions of law are involved in this case, I directed notice to issue to the Government Pleader, Pondicherry as well as to the Standing Counsel for the Central Government, Mr. K. Parasaran.