BHAGWANTRAO DEORAO PATIL Vs. MOHAMMAD KHAN ASGAR KHAN

JUDGEMENT

(1.) THIS is a plaintiff's revision against the judgment and decree dated 23rd september, 1971 by the Second Additional District Judge, Gwalior exercising the powers of Small Cause Court.

(2.) THE plaintiff filed a suit for recovery of Rs. 700 principal and Rs. 300 interest, total Rs. 1,000 on the basis of the suit document dated 18-9-1966 Ex. P-1. It is not in dispute before me that the document in question was executed by the defendants for consideration. The only question canvassed before me is whether the suit for the whole of the principal amount is within limitation because the lower court has decreed the suit for Rs. 70 only in respect of what has been described by it as the last instalment

(3.) IN order to appreciate the point of limitation argued before me it would be proper to narrate the conditions regarding repayment contained in the bond Ex. P-1:- (1) that the amount shall be paid within ten months, (2) the monthly interest on the amount will be Rs. 11 and this amount of interest will be payable till the whole amount is paid up and (3) the amount will be paid by monthly instalments of Rs. 70 each.