GANESH PRASAD BHURELAL Vs. DULICHAND GIRDHARILAL

JUDGEMENT

(1.) This revision under Section 25 of the Provincial Small Cause Courts Act is by the plaintiff against the decree, dated, 25-11-1959, passed by Shri S. P. Hakim, First Additional District Judge, Jabalpur, empowered under Section 9 of the M. P. Courts Act, 1958, in the Civil Suit No. 630 of 1959.

(2.) The applicant filed a suit against the non-applicant for recovery of Rs. 843/-, alleging that the applicant was to purchase grain for the non-applicant and to sell the same as an adtiya. The applicant accordingly purchased some grain and sold it and made entries in the account books. According to the applicant the accounts were open, mutual and current. On the basis of the said accounts, an amount of Rs. 843/- was due. The cause of action was said to have occurred on the Dewali of the years 1953-54 and 1955-56. The suit was filed on 3-10-1958.

(3.) The non-applicant's defence was that the claim was barred by time, as there was no open, mutual and current account. The suit was, therefore, barred under Article 83 of the Limitation Act.