M GANESAN Vs. VIMALA DEVI SOLE PROPRIETRIX

JUDGEMENT

(1.) THIS appeal has been directed against the Judgment and Decree in O.S.No.9590 of 1996 on the file of II Additional Judge, City Civil Court, Chennai.

(2.) THE averments in the plaint sans irrelevant particulars are as follows: THE defendants 2 and 3 are the partners of first defendant Firm who had purchased the goods from the plaintiff between 14.9.1987 and 23.6.1989 under various invoices. THE amount due from the defendants under the said invoices comes to Rs.2,38,407.30ps. THE defendants have agreed to pay the interest at the rate of 24% p.a. for the delayed payment. 29 Cheques drawn by the defendants in favour of the plaintiff in respect of the above said transactions were dishonoured by the Bank, on presentation. THE plaintiff, thereafter, issued suit notice dated 3.10.1989, which was received by the defendants on 12.10.1989. But in the letter dated 18.11.1989, the defendants have acknowledged the liability and undertook to clear the entire dues on or before 1.12.1989. Since the defendants have failed to fulfill their promise, the plaintiff issued another suit notice dated 19.12.1989 to the defendants demanding the suit amount . As per the letter of undertaking dated 30.12.1989, third defendant on behalf of the other defendants, had acknowledged the liability and undertook to pay the amounts due before April 1990,but even thereafter, the defendants have failed to discharge their liabilities. As per the letter dated 1.2.1990,the defendants have reiterated their stand and undertook to pay the entire arrears on or before 30.4.1990. Since the defendants have failed to repay the dues before 30.4.1990, the plaintiff had issued suit notice dated 21.12.1991, for which the defendants have issued notice contending false and frivolous allegations. As per the acknowledgment dated 1.2.1990 and 30.4.1990, the suit is not barred by time. Hence the suit.

(3.) THE points for determination in this appeal are