RAJMAL Vs. PHULCHAND

JUDGEMENT

(1.) THIS is plaintiff's revision application.

(2.) THE plaintiff filed a suit to recover a sum of Rs. 235-14-0 inclusive of interest and notice charges against the defendant who was at one time plaintiff's own munim. The suit was based on a Khata entry purporting to be in the hand-writing of the defendant himself. The suit was resisted by the defendant among other grounds, on the ground that it was barred by time. The trial Court upheld the defendant's contention and dismissed the suit, holding that it was barred by time. Aggrieved by this dismissal of his suit, the plaintiff has preferred this revision application. The only point that arises for consideration, is whether the suit is filed within time.

(3.) MR. R. G. Waghmare, learned counsel for the petitioner relied on Article 89 of the Limitation Act. I do not think, this Article has any application. Even if it is assumed, that the defendant was plaintiff's Munim or agent, the suit not being one for accounts, Article 89 of the Indian Limitation Act cannot be applied.