KAJODI LAL Vs. FIRM SITA RAM

JUDGEMENT

(1.) THIS is second appeal filed by the plaintiff-appellant. The parties in this appeal, hereinafter, would be referred as arrayed in the plaint.

(2.) THE plaintiff filed civil suit on 26. 11. 1974 for recovery of Rs. 3,200/- against the defendants, namely, Firm Sita Ram Dinesh Kumar and its partners Sita Ram and Bihari Lal with the averments that the plaintiff advanced Rs. 2,000/- upon interest @ 12% per annum. Two hundies-each for Rs. 1000/- were written in favour of the plaintiff to repay Rs. 1,000/- on 13. 11. 1969 and Rs. 1,000/- on 7. 12. 1969. But the defendants did not make any payment. THE defendants initiated the proceedings under Rajasthan Relief of Agricultural Indebtedness Act, 1957 (in short, `the Act, 1957') in the court of Civil Judge on 12. 12. 1970. THE court of Civil Judge dismissed that application on 1. 3. 1974 observing that the defendants are not agriculturists and the revision preferred against that order was also dismissed on 26. 9. 1974 and thus the suit has been filed within limitation.

(3.) AS per learned counsel for the plaintiff-appellant, the proceedings of civil suit were bound to be stayed as provided under Section 5 of the Act, 1957 and Section 22 of this Act clearly provides for exclusion of the period during which proceedings under this Act remained pending and this period was to be excluded under Section 14 of the Limitation Act, 1963 also.