JYOTI PRASAD Vs. RAM CHANDRA

JUDGEMENT

(1.) This is a revision against the order of the Civil Judge Bijnor dated 18-1-1962, holding that the suit filed by the plaintiff applicant was barred by the law of limitation.

(2.) The material facts briefly are that the plaintiff had filed a suit for the recovery of Rs. 812/1/6 on the basis of the pronote, admittedly, executed by the opposite party on the 7th of November 1948, The principal amount was Rs. 500/- carrying a rate of interest of 1 1/4% per month. On the back of the pronote there were two endorsements of payment admittedly made by the respondent himself. The first endorsement was about a payment of Rs. 225/- on 12-10-1951 and the second in respect of a payment of Rs. 10/- towards interest on 12-9-1954. The latter endorsement, the effect of which is in dispute, was entirely in the handwriting of the opposite party on the back of the pronote itself. The plaintiff claimed that this latter endorsement amounted to an acknowledgment within the meaning of Sections 19 and 20 of the Indian Limitation Act, hereinafter referred to as the Act. The opposite party on the other hand claimed that the principal amount had been paid off and in any case the sum of Rs. 10/- acknowledged by the endorsement dated 12-9-1954 was not in fact paid.

(3.) Two main issues were struck: