MICROLL INDIA Vs. JAI DURGA TRADING COMPANY

JUDGEMENT

(1.) This is a petition brought under the provisions of Articles 226/227 of the Constitution of India by the defendant challenging the judgment and decree dated 04.08.2010 passed by the Court of Additional District Judge, Faridabad whereby the appeal against the judgment and decree dated 27.01.2010 passed by learned Civil Judge (Junior Division), Faridabad, in a suit brought by the respondent for recovery of Rs. 23,110.00, dismissing the same, has been accepted and the suit is decreed with costs.

(2.) M/s Jai Durga Trading Company, respondent had filed the suit for recovery of Rs. 23,110.00 claiming the same to be the balance amount due from the defendant M/s Microll India for the price of steel sheets purchased from it by M/s Microll India. The said suit was dismissed by learned trial court on the ground of limitation. The appeal preferred by the plaintiff succeeded with learned Additional District Judge, Faridabad because the last payment of Rs. 36,000.00 made by the defendant to the plaintiff vide cheque No. 57996 dated 23.07.2003 was taken as acknowledgment of the debt giving fresh period of limitation to the plaintiff in the suit.

(3.) Since the suit was brought on 31.5.2004, the First Appellate Court found the suit to be within limitation and decreed the same with costs and interest at the rate of 18 per cent per annum from the date of filing the same till realisation of the decretal amount. Since the second appeal from a decree, when subject matter of the original suit is for recovery of Rs. 23,110.00 has been barred by the provisions of section 102 of the Civil Procedure Code, the defendant has preferred this revision petition.