ROOP KISHORE SETH Vs. STATE OF U P

JUDGEMENT

(1.) ROOP Krishna Seth borrowed a sum of Rs. 3000/- from one Shanti Swarup on 1st September, 1968 agreeing to re-pay the same on demand with interest at 6 per cent, per annum and executed a pronote for the same. ROOP Kishore Seth took a further loan of Rs. 3000/- from the said Shanti Swarup on 2nd September, 1958 agreeing to pay the same on demand with interest at 6 per cent, per annum and executed a pronote for the same. Shanti Swarup died on 16th January, 1960. He was not survived by any heir to succeed to his property hence in view of the provisions of section 29 of the Hindu Succession Act his property devolved on the Government. ROOP Kishore Seth had failed to repay the said two debts to Shanti Swarup. The State of U. P., therefore, filed a suit No. 59 of 1969 for the recovery of the loan advanced by Shanti Swarup on 1st September. 1968 with interest therein. That suit was decreed by the trial court. Against that decision ROOP Kishore Seth filed First Appeal No. 23 of 1971 which was also dismissed. He has now preferred Second Appeal No. 173 of 1972 from that decree.

(2.) SIMILARLY the State of U. P. filed the Suit No. 58 of 1969 against Roop Kishore Seth for the recovery of the loan dated 2nd September, 1968 together with interest thereon. That suit was also decreed by the trial court. Roop Kishore filed an appeal, First Appeal No. 24 of 1971 from that decree which was also dismissed. He has preferred Second Appeal No. 186 of 1972 against that decision. Since both these second Appeals Nos. 173 of 1972 and 186 of 1972 raised common question of law they are being disposed of by one judgment.

(3.) THE short question involved in these appeals, therefore is whether Article 112 of the Limitation Act of 1963 would govern the two suis out of which these appeals have arisen or the provisions of Article 35 of the Act would apply. THE said two Articles of the Limitation Act read as follows :