GORDHAN LAL Vs. SHANKAR LAL

JUDGEMENT

(1.) This appeal by the plaintiff is directed against the decree dated March 26, 1977, of the District Judge, Pratapgarh, dismissing the plaintiffs' suit by reversing the judgment and decree dated March 25, 1975, of the Munsif, Kapasan, who had decreed the plaintiff's suit for Rs. 5,000.00.

(2.) Gordhan Lal, plaintiff, filed a suit on Nov. 11, 1972, in the Court of Munsif, Kapasan, for a decree of Rs. 5,000.00 against the defendant Shankar Lal, who is respondent herein. It was alleged that the defendant had purchased a bus RJY 1185 for Rs. 11,000.00 from the plaintiff on Jan. 11, 1968. A sum of Rs. 5,000.00 was paid at the time of purchase. A sum of Rs. 4,000.00 was to be paid by Falgun Sudi Poonam, Samvat 2024 corresponding to March 14, 1968 and the remaining amount of Rs. 2,000.00 was agreed to be paid later. A promissory note was also executed by the defendant on Jan. 13, 1968. According to the plaintiff it was also stipulated that if the amount of Rs. 4,000.00 was not paid, the plaintiff will have a right to stop the bus. The amount of Rs. 4,000.00 was not paid in time and therefore the plaintiff asked the defendant to stop plying the bus. The defendant then left the bus himself. Subsequently, however, the defendant instituted criminal proceedings against the plaintiff and his son. In those proceedings the defendant appeared as a witness and in his statement dated Dec. 12, 1969 made before the Munsif Magistrate, Kapasan, admitted that a sum of Rs. 4,000.00 was payable by the defendant to the plaintiff. Treating this as an acknowledgement the plaintiff filed the present sait for Rs. 4,000.00as principal and Rs. 1,000.00 as interest, total Rs. 5,000.00.

(3.) The suit was contested by the defendant. He stated that the entire purchase price had been paid and nothing remained outstanding against him to be paid to the plaintiff. He further denied having given the statement on Dec. 18, 1969 and alleged that the suit was barred by limitation.