HAZARI LAL Vs. HARI RAM

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the appellate judgment and decree of the learned Senior Civil Judge, Baran, dated 18-5-1953.

(2.) THE plaintiff-appellant filed the suit in the court of the Munsif, Baran out of which this appeal has arisen against the defendant-respondent for the recovery of rs. 1,596-6-6 on 11-2-1952. According to the plaint, the defendant-respondent appointed the plaintiff-appellant his aratia and purchased 200 tins of ghee, weighing 95 Mds-39 Srs.-7 Chhs. , through the plaintiff's arat, on Kartik Sudi 5, sambat 2005, corresponding to 6-11-1948, for which the plaintiff had to spend Rs. 13,529-7-0 on behalf of the defendant. This ghee was despatched to Deogarh madaria in November 1948, through Tulsi Ram, the agent of the defendant. Again, according to the instructions of" the said Tulsi Ram, 200 tins more of ghee were purchased for the defendant by the plaintiff on Magsar Badi 10, Sambat 2005, corresponding to the 26-11-1948, which weighed 89 Mds. 10 Srs. 1 Chhatak and for which the plaintiff had to pay a sum of Rs. 14,313-6-0 on behalf of the defendant. These 200 tins of ghee were taken by the said Tulsi Ram by truck to kota and were deposited with Gaindi Lal Suraj Mal of Kota. The plaintiff also spent a sum of Rs. 115-4-6 as miscellaneous charges on account of the above ghee. The plaintiff drew up a Hundi for the sum of Rs. 3,000/-/- on the defendant towards the payment of the amounts spent by the plaintiff, but the defendant did not honour that Hundi and the plaintiff had therefore to pay an additional sum of Rs. 9/-/- to the Bank for Hundi expenses. The plaintiff thus spent a sum of Rs. 30,967-5-0 on account of the defendant. A sum of Rs. 3,000/-/-on account of the Hundi and another sum of Rs. 10,599/-/- on account of the price of the ghee sold at Deogarh Madaria and yet another sum of rs. 13,197-13-0 on account of the price of the ghee sold through Cendi Lal Suraj mal of Kota, viz. , a total sum of Rs. 29,796-18-0 was credited in the account of the defendant. Thus, a sum of Rs. 1,170-8-6 remained due to the plaintiff on account of principal. It had been stipulated that interest would be paid at the rate of 9 per cent. per annum and so the interest due to the plaintiff, came to Rs. 425-14-0. Thus, a total sum of Rs. 1596-6-6 was due to the plaintiff. The plaintiff claimed a decree for the above amount.

(3.) THE defendant filed his written statement pleading inter alia that the suit was barred by limitation. Learned Munsiff, found that the plaintiff was entitled only to a sum of Rs. 820-4-0 from the defendant. He held that the suit was within time as in his view it was governed by Article 85 of the Limitation Act. He consequently gave a decree to the plaintiff for the recovery of Rs. 820-4-0 by his judgment dated 241-1953.