SWAYAMBER SINGH Vs. GHASITEY RAM

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for recovery of money due upon a simple money-bond.

(2.) The defendant executed a simple money-bond in favour of the plaintiff respondent on 23 11 1933 for a consideration of Rs. 980. The bond contained a provision that if any amount of six monthly interest was not paid, the creditor will have a right or option (akhtiyar hai) to recover the entire amount due under the bond without waiting for the period fixed in the bond. The interest was not paid. The creditor brought the Suit on 1-12-1943, that is, within 3 years of the expiry of 10 years. The defence inter alia was that the suit was barred by time. Both Courts below have repelled this contention and decreed the suit.

(3.) On behalf of the appellant, Mr. Harnandan Prasad has strongly relied upon a Full Bench decision of this Court in Jawahar Lal v. Mathura Prasad, 1934 ALL. L. J. 1035 : 57 ALL. 108, and on two other subsequent caaes, namely, Rup Narain v. Tirleni Sahai, 1943 ALL. L. J. 28 and Munshi Lal v. Sagarmal, 1943 ALL, L. J. 238. He has also referred us to a Diviaion Bench case of Ball v. Stowell, 2 ALL. 322.