MUZAFFARPUR RE-ROLLING MILLS Vs. BINOD KUMAR MOHTA

JUDGEMENT

(1.) THIS First Appeal has been filed by the plaintiff -appellant against the part of the judgment and decree dated 18.04.1977 passed by the learned Additional Subordinate Judge, Muzaffarpur in Money Suit No. 68 of 1972/04 of 1977 whereby the learned court below rejected the claim of the plaintiff partly regarding transaction of the year 1968 on the ground that it is barred by law of limitation.

(2.) THE plaintiff filed the aforesaid money suit claiming for recovery of Rs. 16,852/ - with interest at the rate of 12% pendente lite and future. The plaintiff claimed this relief alleging that the plaintiff is a partnership firm and the defendants, who are members of the joint Hindu family, were known to the appellant and they were purchasing goods on credit from the plaintiff and the price was used to be paid by them according to their sweet will but always within one year of its purchase. They were also paying interest at the rate of 12% per annum. The defendants purchased goods worth Rs. 1,12,232.79 and promised to pay price with interest at the rate of 12% but paid only Rs. 1,00,153.84 as shown in Schedule -B of the plaint. The entire transaction is entered in the account book maintained by the plaintiff. The advocate notice dated 25.01.1971 was sent for payment of Rs. 14,720.70 along with interest but it was not paid, therefore, the suit was filed.

(3.) ON the basis of the aforesaid pleadings the learned court below framed the following issues: - -