CHANDRA NATH Vs. PAHLAD NARAIN

JUDGEMENT

(1.) This is a civil second appeal by the defendant in a suit for recovery of money which was decreed by both the courts below.

(2.) The facts, which have been found by the lower appellate court, are these : Prahalad plaintiff is a dealer in lime which he used to supply Chandra Nath defendant from time to time. The defendant purchased lime from the plaintiff on different dates between 2-11-43 and 7-7-44. The total price of the lime so supplied was Rs. 3119/1/9. Payments were made by the defendant from time to time and in the beginning of November, 1946 a sum of Rs. 1284/4/- was due to the plaintiff. Thereafter, the defendant made a payment of Rs. 200/- on 17-12-46. This payment bears his signatures and has been relied upon for saving limitation under Section 20. The present suit was instituted on 29-10-48.

(3.) The case is admittedly governed by Article 52 of the Limitation Act being a suit for the price of goods sold and delivered where no fixed period of credit is agreed upon. The period of limitation prescribed under the Article is three years. Time runs from the date of the delivery of the goods. The lower appellate court held that there was one cause of action in respect of the entire amount due and that limitation was extended in respect of the entire amount due by the payment of Rs. 200/- on 17-12-46. He accordingly decreed the entire principal sum claimed.