SALEK CHAND Vs. ABDUL RAZAQ

JUDGEMENT

(1.) THIS Second Civil Ap peal is directed against the judgment and de cree of Additional Civil Judge, Meerut dis missing the plaintiff's suit on the ground of limitation.

(2.) PLAINTIFF-appellant had filed a suit on 19-12-63 for recovery of Rs. 1700/- on the basis of a bond executed on 20th Decem ber 1957. The period of limitation was sought to be extended on the basis of pay ment made on 20th December 1960. The de fendant contested the suit on various grounds. The trial Court held that the bond was duly executed by the defendant-respondent and the sum of Rs. 20/- was paid towards interest on 20th December, 1960. The trial Court, how ever, held that the payment of interest was not within the prescribed period and as such the suit was barred by limitation. The find ing of the trial Court was confirmed by the lower appellate Court, hence this Second Civil Appeal.

(3.) JAINARAYAN Bapu v. Vithoba, AIR 1923 Nag 143 is a case similar to one in suit. In that case Section 12 was held to have applied for computing the period of limitation. If a suit could be filed till 20th of December, 1960 there is no reason why an acknowledgment or payment of interest made on 20th December, 1960 could not extend the period of limitation and a differ ent interpretation should be put for pres cribed period in the case of an acknowledgment or payment of interest than in a case of a suit.