VIJAYKISAN EKNATH KABRA Vs. KESHAVDAS DEVANDAS FIRM

JUDGEMENT

(1.) By this second appeal, the appellant prays that the judgment and decree passed by the District Judge, Buldhana, in Regular Civil Appeal No. 58/1994, on 7/9/1994, be set aside and the matter be remanded to the first appellate Court with a direction to decide the same after consolidating it with First Appeal No. 127/1995.

(2.) Few facts giving rise to the second appeal are stated thus-

(3.) The defendant denied the claim of the plaintiff, but admitted that he purchased clothes from the plaintiff's shop on credit from 2/10/1982 to 12/6/1984. The defendant, however, denied the correctness of the plaintiff's account. He further denied that he had made payment of Rs. 100/- on 9/9/1987 and had acknowledged the liability of payment of balance amount. The defendant pleaded that the suit filed by the plaintiff was barred by limitation. He, therefore, sought for dismissal of the suit.