MOHAN LAL Vs. JOGLA

JUDGEMENT

(1.) THIS is the plaintiffs' revision application against a decree Judge, Small Cause Court, Jodhpur, dismissing their suit for the recovery of money is the basis of a bond for Rs. 150/4/- executed by Jogla respondent on Fagun Sudi Smt. 2007 corresponding to 11. 3. 51 on the ground that it was barred by limitation.

(2.) UNDER the bond Jogla undertook to pay the money in the next harvesting season. There is unchallenged evidence on record adduced on behalf of the plaintiffs show that the harvesting season as generally understood begins on Migsar Badi 1 and end on Mah Sudi 15. The harvesting season of Smt. 2008 began on 14. 10. 51 and ended 10. 2. 52. The learned Judge was of the opinion that it could not be said that a day was specified for payment in the bond within the meaning of Art. 66 of the Limitation Art and consequently he applied Art. 67 to it, limitation under which is 3 years from the day of executing the bond. UNDER Art. 66 the limitation is 3 years from the day specified the bond for payment of the money.