NETAR Vs. ANANT RAM MANSA RAM (DUKAN)

JUDGEMENT

(1.) The facts of the case are given in detail in my referring order of the 28th of Maghar, 1997. They may briefly be reiterated here.

(2.) The suit was for the recovery of a sum of Rs. 220 and was instituted on the 20th of Har, 1996. On the 26th of Baisakh, 1985, a sum of Rs. 283 was acknowledged by the defendant to be due to the plaintiff on an account stated between them. The plaintiff averred that a sum of Rs. 150 was paid towards this liability, the first payment having been made on the 31st of Assuj 1990, of a sum of Rs. 50. The other two payments of Rs. 50 each were made in the years 1990 and 199 I respectively. Although no exception such as is required under Order 7 Rule 6 was specifically pleaded in the plaint, it seems to have been assumed that the first payment, having been made before the expiry of the period of limitation for such suits and the other two in the next two following years, would bring the suit within time.

(3.) The defendant pleaded that the suit was barred by time but no issue in this behalf was framed and the trial Court holding that the amount of Rs. 150 was paid on the dates alleged, decreed the plaintiffs' suit.