MAHANGOO LAL Vs. KALYAN CHAND

JUDGEMENT

(1.) R. B. Mehrotra, J. Heard learned Counsel for the appellants Sri D. N. Mishra and for the respondent Sri Santosh Kumar.

(2.) PLAINTIFF-respondent Kalyan Chand filed Suit No 591 of 1977 in the Court of the Munsif, Allahabad. On the basis of the pleadings of the parties, following issues were framed: (1) Whether the plaintiff had advanced loan to the defendants as alleged and executed the pronote acknowledging the receipt of loan as alleged in the plaint? (2) Whether the suit is barred by limitation? (3) Whether the suit is barred by Order VI, Rule 15 of the Code of Civil Procedure as alleged in paragraph 13 of the written statement? (4) Whether the suit is barred by Section 18 of the U. P. Act No. 29 of 1976? (5) Whether any cause of action arose of filing the suit? (6) Whether the rate of interest claimed is excessive and is not in accordance with law? (7) Whether the plaintiff is entitled to special cost under Section 35-A of the Code of Civil Procedure? (8) To what relief, if any, the plaintiff is entitled?

(3.) THE present appeal was admitted by this court on 15-2-1990 and following substantial question of law was found to be involved in the present appeal: "whether acknowledgment made by Bhola Nath, appellant saved the limitation for filing the suit as against Mahangoo Lal, appellant as well?"