MINOO F D MEHTA Vs. RATNASALE MADAVRAO VAKIL

JUDGEMENT

(1.) THE respondent has filed a Summary Suit No. 5187/6181 of 1978 in the Small Cause Court at Bombay against the petitioner to recover a sum of Rs. 10,000/- together with cost of the suit and interest of Rs. 9063. 32/- at 6% per annum from the date of the filing of the suit till realisation.

(2.) THE petitioner/defendant contested the suit. The trial Court decreed the suit. The main contention, apart from the merit of the case, has been raised by the petitioner/defendant is that suit is barred by limitation. The trial Court dismissed the suit on the ground of limitation and on merit also the Appellate Court found that the suit is not barred by limitation and going by merit the suit is decreed.

(3.) IN this proceeding I am not concerned about the facts of the case. Because in exercising the writ jurisdiction, this Court normally would not go into the disputed question of facts. Since the question of limitation has been taken differently by the trial Court from that of lower appellate Court, I have to address that question in this writ petition.