STATE OF J&K Vs. SHITAL SINGH

JUDGEMENT

(1.) THE State has preferred this second appeal against a decree for Rs. 848/10/ - passed by the Addl. District Judge Jammu by his order dated 17 -5 -63 against it on an appeal by the respondent before the learned Judge from the judgment and decree of the Sub -judge (ADM) Jammu dismissing the suit of the plaintiff respondents.

(2.) THE respondent had brought the suit for Rs. 1245 and costs against the State as the price of some petrol, Mobil oil and allied necessaries supplied to S. Ghulam Mohd. Khan, Dy Controller Tawaza Jammu for use of jeeps No. 18 and 60 of the J & K Garages. Five issues were struck in the case out of which the only issue that was decided against the plaintiff by the trial court was the issue of limitation, the trial court holding that the suit of the plaintiff -respondent was time -barred. On appeal, the lower appellate court held certain items to be time -barred, but ultimately held the sum of Rs. 513/10 within time and awarded Rs. 335 as interest on this sum, making it in all Rs. 848/10 for which sum it passed a decree with proportionate costs in favour of the respondent.

(3.) THE only point that was argued before us was the point of limitation. The plaintiff relied on two documents, letter dated 6 -1 -56 addressed by the Dy. Controller Tawaza Jammu to one Mr. Patel Superintendent State Motor Garages and an other letter No. 640 dated 24 -8 -55 marked as Ex. PW1/1. These letters are admitted. The plaintiff relies on these letters as acknowledgements and states that fresh period of limitation would start from these two letters.