DEVI CHAND Vs. GURDIT SINGH

JUDGEMENT

(1.) This is an appeal brought by the plaintiff against an appellate decree of the Senior Subordinate Judge of Amritsar, dated the 6th May, 1950 holding that the suit for accounts is barred by time, and thus confirming the decree of the trial court.

(2.) The plaintiff brought a suit for accounts alleging that he was a partner with the defendant in some contract work which was going on in Gauhati. He alleged that his share was a half and that he advanced money to the partnership. A power-of-attorney was given to the plaintiff which was cancelled by the defendant on the 3rd July, 1945. The plaintiff alleged that there was acknowledgement by the defendant and therefore the suit was within time. The defendant denied the partnership or his liability to account and also pleaded limitation.

(3.) The suit was originally brought in the court of the Subordinate Judge at Jullundur but as an objection was taken that the court had no jurisdiction the plaint was ordered to be returned on the 3rd December, 1947. For some reason unknown and unexplained the plaintiff did not take back the plaint till the 24th July, 1948 and presented the plaint in the Amritsar Court on the 26th July, 1948.