ARUN KUMAR Vs. BAZPUR CO OPERATIVE SUGAR FACTORY

JUDGEMENT

(1.) THE Plaintiff -Appellant brought a suit for the recovery of Rs. 40,954.72 together with pendente lite and future interest against the Defendant -Respondent. The said suit was dismissed on the technical plea of limitation although the trial court has found other points in favour of the Plaintiff. This is how the Plaintiff has come up before this Court, aggrieved against the decision of the Court.

(2.) IN the appeal also mainly the question of limitation has been urged on behalf of the plaintiff which aries in the following manner.

(3.) THE Defendant in a detailed written statement denied the various allegations made by the Plaintiff but the relevant paragraph with which we would be concerned now is para 22 wherein it was said that the account between the parties was not mutual, open and current account and the suit was barred by time. The only question on which this Court is required to direct its attention is about the nature of the account and to decide as to whether the suit was barred by limitation. If the account between the parties was found to be of the nature of a mutual, open and current account as alleged by the Plaintiff then, it is undisputed that the suit would be within limitation.