K SURYANARAYANA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Against the judgment and decree of the learned Subordinate Judge, Vijaywada in O.S.No. 100/76 this.appeal was brought by the unsuccessful defendant K. Suryanarayana. the respondent plaintiff laid the suit for recovery of Rs. 14, 977-55 paise, the outstanding balance due from the defendant as per the Khata copy filed along with the plaint. It was averred by, the plaintiff that the defendant was given over-draft facility to the extent of Rs. 25,000/- during May 1971 and the same has been fully utilised by him and the "last payment made into the bank for the amount due from bim was on 3-4-73" by way of a cheque for Rs.20,000/- drawn in favour of 'M/s-Kollipara Sri Ramulu and Company. the suit amount was credited to the account of defendant "with his consent and concurrence". Subse- quently, the defendant did not operate the account and when the bank demanded payment he failed to respond.

(2.) Resisting the suit the defendant contended in/his written statement that the plaint averments were contrary tothe understanding between the parties at the time ofthe State Bank of India Co-operative Housing Society Limited placing an order with the firm of Kollipara Sreeramulu and Company for supply of some material for preparing door frames, window frames etc. He deniedthe entry dated 3-4-1973 and contended that it would not save limitation.

(3.) On the aforesaid pleadings, the learned Subordinate Judge framed appropriate issues and after, considering the evidenccon recode decred the suit. the plea of the defendant that Ex. A-2 cheque dated 3-4-1973 and Ex. A-3, pay-in-slip bearing the same date, would not save the limitation sincere did not sign on the m, was rejected on the ground :