R SRINIVASAN Vs. G MUTHUSAMY CHETTIAR

JUDGEMENT

(1.) THE defendant, who has been successful before the trial Court and unsuccessful before the first appellate court, is the appellant in this second appeal. THE respondent instituted the suit in O. S. No. 405 of 1981 on the file of the District Munsif Court , thiruthuraipoondi against the appellant herein for the recovery of the amount due on accounts. THE Trial Court dismissed the suit holding that the suit claim is neither true nor correct and that the defendant is not liable to pay the suit claim. THE trial court also held that the suit claim is barred by limitation. On appeal by the plaintiff, the first appellate court found that there were dealings between the plaintiff and the defendant and that the defendant is liable to pay a sum of Rs. 9,533. 61. On the question of limitation also, the first appellate Court held that the suit claim is not barred by limitation. Being aggrieved, the defendant has preferred this second appeal.

(2.) THE parties in this second appeal will be referred as arrayed before the trial court. THE learned counsel for the appellant advanced arguments on the plea of limitation while reserving his rights to raise the contention in respect of merits of the suit claim.

(3.) THE learned counsel for the appellant contended that ex. A. 38, acknowledgement is dated 28. 4. 1975 and the suit not having been filed within three years from that date, the suit claim is barred by limitation. Per contra, it was contended by the learned counsel for the respondent that the defendant is a debtor against whom institution of suits under various debt relief enactments have been barred and that the plaintiff was under the bona fide belief and therefore the suit claim is not barred by limitation.