SHAMINDERPAL SINGH Vs. GAMDOOR SINGH

JUDGEMENT

(1.) This present regular second appeal at the instance of appellant/ plaintiff is directed against the judgment and decree of the Appellate Court dated 16.09.2013 whereby judgment and decree of the trial Court dated 27.02.2012 decreeing the suit for recovery of Rs.25,00,000/- has been set aside on the ground that the suit was time barred.

(2.) Admittedly in this case, respondent/ defendant had issued a cheque dated 12.02.2004 and the suit has been filed on 07.05.2007. The stand taken by the defendant/respondent in the written statement that claim of plaintiff was time barred. The trial on the basis of evidence particularly by taking into consideration date of 3dishonouring the cheque i.e. 07.05.2004 decreed the suit by treating the same to have been filed within a period of three years.

(3.) In appeal, the lower Appellate Court while applying provisions of Article 20 of the Act, allowed the appeal and reversed the judgment and decree of the trial Court by holding that suit in 07.05.2007 was time barred as Limitation would start from the date of issuance of cheque i.e. 12.02.2004.