PERIA NEGAMAM SRI LAKSHMI VILASA DRAVIYA SAGAYA NIDHI LIMITED BY SECRETARY P B SUBRAMANIA CHETTIAR Vs. VARALAKSHMI AMMAL

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff for taking an account from the defendant bank in respect of the 20 bank shares of the value of Rs. 500 which stood in the name of the plaintiff's husband, A. Goalakrishna Chettiar and to pass a decree against the bank for payment of the balance that may be found due to her after giving her credit for the yearly dividends on those shares on the one side and after debiting her with any liability incurred by her husband touching those shares on- the other.

(2.) The defendant bank denied the claim and contended inter alia that the suit was barred by limitation. It is this plea with which I am concerned in the present second appeal. The suit was decreed by both the lower Courts and was held to be within time. The bank appeals.

(3.) Although no Art. of the Limitation Act was referred to by the defendant bank in their written statement as required by the forms of general defences given in the Civil Procedure Code (Sch. I, App. A) and their counsel in the trial and in the lower appellate Courts have been vacillating in consequence from one to the other, their learned Counsel has finally chosen to depend on Articles 62 and 89 in this Court and pleads that the suit is barred by either the one or the other.