ASHARAM Vs. MOTIRAM

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner has challenged the order Annexure P-1 dated 7.8.2012 whereby the application under Order 7 Rule 11 C.P.C. preferred by other side is partly allowed.

(2.) THE plaintiff filed a suit for recovery of pay amount of Rs.44,470.00 along with interest. In application Annexure P-3 preferred under Order 7 Rule 11 C.P.C. it was stated that as per plaint averments the defendant had taken loan amount from plaintiff on 5.3.2005, 12.3.2005, 14.4.2005, 7.5.2005 and 17.5.2005. The defendant although denied the aforesaid fact of taking loan but in the said application stated that the suit is barred by limitation and needs to be dismissed.

(3.) SHRI Prashant Sharma, learned counsel for the petitioner relied on a judgment of Bombay High Court in the case of Sahebrao S/o Sampatrao Metkar Vs. Ashru Suryabhan Sawadatkar (dead) by his legal representatives passed in Second Appeal No.106/1993.