JANTA PANJOLA Vs. DAULAT RAM KISHORLAL COMMISSION AGENT

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgments and decrees dated 20. 2. 2003 and 5. 4. 2004 passed respectively by the Civil Judge (Junior Division), patiala (hereinafter described as 'the trial Court") and the Additional District judge, Patiala (referred to hereinafter as 'the first Appellate Court') whereby the suit of the plaintiffs-respondents was decreed and the appeal of the defendants-appellants was dismissed.

(2.) THE respondents filed a suit for recovery of rs. 93497/- (Rs. 67264/- as principal and Rs. 26233/- as interest from 9. 12. 1996 to 8. 3. 2000 calculated at the rate of 12% per annum) from the appellants, which liability they disputed. It was pleaded by the appellants that the accounts had been maintained in regular course of business and no amount was due and that the suit was barred by limitation as it was beyond the period of three years.

(3.) THE parties went to trial on the following issues: -1. Whether the plaintiff is entitled to recover the amount of Rs. 93497/- w. e. f. 9. 12. 1996 till 8. 3. 2000 along with interest @ 12% p. a. ?opp 2. Whether the suit is within limita-tion? opp 3. Whether the suit is non-maintain-able? opd 4. Whether this Court has no jurisdiction to try and decide the present suit ? OPD 5. Whether the suit is bad for non-joinder of parties ? OPD 6. Relief.