DAULAT FEEDS DUISTRIBUTORS Vs. RAZVI BROTHERS

JUDGEMENT

(1.) The appellant-palintiff preferred this second appeal against the concurrent findings given by both the courts by observing that the suit for recovery of the outstanding of account for purchase of poultry feed in question was beyond the period of limitation and therefore, dismissed the same.

(2.) Appellant-plaintiff's suit as sought to be contended, based on the recovery of the balance amount without submitting the account or agreed account between the parties. The suit was for recovery of the price of goods sold and delivered. The plaintiff's case was that the account continued and as the amount was paid and or received by the plaintiff from time to time, lastly on 7/10/1992, therefore, the suit as filed was within limitation from the receipt of the last payment.

(3.) The suit for recovery of the balance amount in such transaction of sale and purchase of goods governed by the provisions of Limitation Act, basically Article 1 and or Article 14 of the Limitation Act. The suit itself based on the recovery of the amount of goods sold and delivered. The period of limitation will commence from the date of the transaction, lastly entered into between the parties. In the present case, that was 11th december, 1989, when the account was closed. Admittedly, the suit in question was filed on 4/10/1995 and is was beyond the period of limitation.