SINGH STEEL SALES Vs. MANJIT MACHINERY WORKS

JUDGEMENT

(1.) Arguments in the appeal were heard at length. The appeal was allowed with cost of Rs.1,00,000/- vide order dated 01.05.2018. This Court now proceeds to record reasons.

(2.) Plaintiff-Appellant is in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment passed by the learned trial Court only on the ground that the suit for recovery was barred by limitation. Plaintiff instituted suit for recovery of Rs.32,19,874/- on the basis of regular business dealings between the plaintiff and the defendant and on the basis of books of accounts. It was pleaded that cheques issued by the defendant for discharge of a part of the debt payable for a sum of Rs.5,00,000/- have been dishonoured on 20.05.1998. Learned trial Court as well as learned First Appellate Court have found that the plaintiff has successfully proved its case and money is due and payable by the defendant.

(3.) In the considered opinion of this Court, the questions of law which arises in the case is:-