JANDAS Vs. INDERMAL

JUDGEMENT

(1.) THESE are connected cases arising out of the suit for recovery of money on the basis of a mutual, open and current account instituted by Indermal and others against Jandas and others.

(2.) IT is not disputed that there were dealings between the parties in Smt. 2009 and there was a mutual, open and current account between them. The case of the plaintiffs was that this account regained open and current till Kartik Sudi 2 Smt. 2012 corresponding to 16-11-1955 when the parties met and went into the accounts in part. The accounts were however not fully settled on that day. The defendants promised to settle them by Mugsar Sudi 15 Smt. 2012 corresponding to 29-12-1955 and executed a writing (Ex. 5), the material portion of which runs as follows:. . (VERNACULAR MATTER OMMITED ). . A** The present suit was instituted on 2-1-59 on the re-opening of the courts after christmas holidays.

(3.) THE defendants contested the suit inter alia on the ground that all the dealings between the parties took place in Smt. 2009 and that the account ceased to remain open and current thereafter and the suit which was instituted on 2-1-59 on the re-opening of the courts after the Christmas and new year holidays was barred by limitation.