PHOOLCHAND Vs. MANGILAL

JUDGEMENT

(1.) THIS is a plaintiff's second appeal in a suit for money which has been dismissed by both courts below.

(2.) THE facts leading up to this appeal lie within a very short compass. THE case of the plaintiff was that the defendants used to borrow money and grain from the former from time to time and that on Posh Vadi 12 Smt. 2008 they went into accounts and struck a balance according to which a sum of Rs. 236/10/- was found payable in cash, and grain weighing 38 maunds and 1-1/2 seers was also found payable by them to the plaintiff, and defendant Mangilal as Karta of the joint Hindu family consisting of himself and the other defendants Prabhulal signed the entry. As the defendants did not repay the loan, the plaintiff instituted the present suit for a sum of Rs. 779/14/-against both defendants on the 21st December, 1954, in the court of the Munsiff Iklera. THE defendants admitted that the khata had been signed by one of them viz. , Mangilal but they further pleaded that they had no dealings whatsoever with the plaintiff for the last 20 years preceding the institution of the suit and Mangilal had signed the Khata as the plaintiff said that the said amount was due from his (defendants) father. It was further pleaded that the plaintiff had agreed to explain the accounts to them but he never did so. THE only other plea which it is necessary to mention in connection with the defence is that the defendants also raised the contention that the suit was barred by limitation.