S. DHARAM SINGH Vs. KHAN CHAND

JUDGEMENT

(1.) THIS is a revision under Section 115, C.P.C. by S. Dharam Singh, defendant, against the order dated 11-9-1962 of the District Judge of Saharanpur, allowing the revision under Section 25 of the Provincial Small Cause Courts Act and thereby setting aside the judgment and decree of the Judge, Small Cause Court, and decreeing the suit of Khan Chand, plaintiff, in full.

(2.) THE material facts of the case are that on 4-11-1957 the defendant-applicant borrowed a sum of Rs. 400/- from the plaintiff-opposite party, and on 30-9-1958 he (defendant) issued a cheque for the above amount in payment of the loan. The cheque was dishonoured under the note dated 28-11-1958 of the United Commercial Bank Ltd., Delhi. The plaintiff instituted the present suit on 27-9-1961 basing his claim on the loan though pleading that he was entitled to the benefit of Section 20 of the Limitation Act, 1908 (to be referred hereinafter as the Act), in view of the fact that payment had been made by cheque, though dishonoured. In fact, benefit was also claimed of Section 19 of the Act, but this part of the plea was later rightly given up.

(3.) THE Judge, Small Cause Court, was of opinion that the plaintiff was not entitled to the benefit of Sections 19 and 20 of the Act and that the suit was barred by limitation. He, therefore, dismissed the suit with costs on parties. The plaintiff then went up in revision under Section 25 of the Provincial Small Cause Courts Act and the District Judge took the view that the period of limitation stood extended by the cheque issued on 30-9-1958. He thus recorded the finding that the suit was filed within time, and consequently decreed the suit in full. The present revision is against this order of the District Judge and, naturally, the point raised is that the plaintiffs suit was barred by limitation.