SYED JALALUDDIN HASAN QUADRI Vs. TARAPHARMACY

JUDGEMENT

(1.) This is a petition under Section 12 of the Hyderabad Small Cause Court Act against the Judgment and decree of the Court of Small Causes, Hyderabad, giving on 18-9-1961. The respondent plaintiff instituted the present suit for the recovery of Rs. 890 alleging inter alia that the defendant was purchasing from time to time medicines from the plaintiffs shop for which an account was maintained by the plaintiff. The transactions started on 8-10-1955 and ended on 9-5-1957. The defendant paid Rs. 50 on 3-9-1957. The suit was instituted on 26-7-1960.

(2.) The main defence raised by the defendant was that the suit is time-barred. I am not concerned at the moment with the other objection of the defendant.

(3.) The Court of Small Causes rejecting the contention of the defendant in regard to limitation decreed the plaintiffs suit holding that In view of the nature of the transaction Art. 85 of the Limitation Act applies and that the suit is therefore filed within three years from the end of the year in which the last transaction took place.