BALDEV SINGH Vs. VINAY KUMAR

JUDGEMENT

(1.) Defendant Baldev Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 19.07.2013 passed by the trial court, thereby dismissing application (Annexure P-2) moved by the defendant-petitioner under Order 7 Rule 11 of the Code of Civil Procedure (in short CPC) for rejection of the plaint on the ground that suit is barred by limitation.

(2.) Respondent-Plaintiff Vinay Kumar has alleged in the plaint (Annexure P-1) filed against defendant-petitioner Baldev Singh that defendant had taken loan of Rs.3,40,000/- from the plaintiff on 24.10.2006 and agreed to repay the same with interest @ 2% per month. The defendant, towards repayment of the said loan, issued cheque dated 10.10.2007 for Rs.4,01,200/-, which was however dishonoured. Accordingly, the plaintiff filed suit for recovery of Rs.4,98,500/- including principal and interest amount.

(3.) Defendant, in his application (Annexure P-2), alleged that since the loan was allegedly taken by the defendant on 24.10.2006 and the suit has been filed on 01.12.2009, the suit having been filed after expiry of more than three years from the date of loan, is barred by limitation.