SIDDHNATH Vs. HARSARUP

JUDGEMENT

(1.) Facts material for the purpose of this revision are as follows; -

(2.) The suit was resisted inter alia on the ground that the claim was barred by limitation.

(3.) There was nothing in the plaint to suggest that the plaintiff had waived the benefit of the default clause with respect to the first instalment. In fact the plaint, as worded, was against any such waiver having been made by the plaintiff. The surrounding circumstances also did not suggest any implied waiver. On these facts the Small Cause Judge, Ujjain, held the claim to be barred by limitation in view of the terms of Article 75 of the Limitation Act.