JORA Vs. PRABHU NARAIN

JUDGEMENT

(1.) THIS is a revision against the decision of the Judge, Small Cause Court Jaipur city, dated 20th December, 1956.

(2.) THE respondent had sued the petitioner on a bond dated 1st January, 1953. The defendant denied the execution or the consideration. The court, on evidence, found for the plaintiff and decreed the suit.

(3.) LEARNED counsel for the petitioner urges that the suit was beyond limitation, if the limitation was taken to have started from the date of the bond. The judgment mentioned that the stipulation of repayment was that the debtor would repay the loan in 12 months. If the limitation were to be reckoned from 1-1-1954, it was conceded that it was within time. Learned counsel urged that in a case of stipulation of that nature, the time runs from the date of the bond, and relied on shiva Narain v. Badal, AIR 1936 Oudh 279 (A ).