(1.) Heard Sri Aditya Singh holding brief of Sri Devansh Rathore, learned counsel for the appellant and Sri Narendra Mohan, learned counsel for proposed respondent.
(2.) This appeal under section 96 of Code of Civil Procedure (hereinafter referred to as "CPC") has arisen from judgement and decree dated 9. 3. 2014 passed by Sri Vigyan Ram Mishra, Additional District and Sessions Judge, Court No. 11, Varanasi in Original Suit No. 801 of 1995.
(3.) The question raised in this appeal is, whether, suit instituted by the appellant for refund of money/ recovery of money was within limitation. Admittedly, loan was advanced on 04. 10. 1989 while suit was filed by plaintiff dated 22. 08. 1995. Learned counsel for appellant placed reliance on an alleged acknowledgement dated 27. 09. 1992, which is said to have been executed by Purshottam defendant-respondent but it could not dispute that aforesaid document was never admitted as evidence and on the contrary it was rejected by court below.
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