KHEMCHAND MOTILAL JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THESE appeals have been preferred by the plaintiff aggrieved by dismissal of the suits as barred by limitation by the First Addl. District Judge, Raisen as per the common judgment and decree dated 21-4-1994 passed in consolidated Civil suits No. 13-A/1986 and 16-A/1986.

(2.) THE plaintiff, M/s. Khemchand Motilal Jain, a registered partnership firm instituted a Civil Suit No. 13-A/1986 for declaration and injunction challenging the recovery fastened by the DFO, Raisen of rs. 47,250. 47. The other Civil Suit No. 16-A/1986 was filed assailing recovery of rs. 33,352. 71. Both the civil suits were consolidated by the Trial Court.

(3.) IT is not in dispute that initially a writ petition- M. P. No. 143/73 was filed assailing the aforesaid recoveries. It was filed on 16-2-1973 and was decided on 24-1-1979 by the Division Bench of this Court. It was held by this Court that question raised in the writ petition was purely question of facts and disputed question could only be decided on evidence. The writ petition was dismissed, an interference was not made. Thereafter, it was claimed in the plaint that a notice under Section 80, CPC was served. Date of serving of notice has not been mentioned in the plaint. It was mentioned that the cause of action arose on october, 1972 at Sagar. Cause of action also arose on 24-1-1979 and 22-11-1979 when notice of demand of aforesaid amount was served by the defendants.