JIBAN-RAM RAMCHANDER Vs. SAGARMAL KHEMKA

JUDGEMENT

(1.) This is the plaintiffs appeal in an action in which they claimed a sum of Rs. 7,144-11, as the balance of an account. The learned Subordinate Judge coming to the conclusion that the greater part of this account was barred by limitation gave judgment to the plaintiffs for a sum of Rs. 33-14-6.

(2.) The facts are these. Up to the year 1977, Sambat the defendant in this action was a member of a firm with his brother, but in that year separated from him. In that year a balance of the account was struck as between the plaintiffs and the two brothers and a sum of Rs. 4,100, being the principal and interest, was found to be due, and the defendant signed a roka for the amount taking upon himself alone the liability. Thereafter the defendant himself had a number of transactions with the plaintiffs which resulted, according to the plaintiffs case, in the sum which I have stated to be due on the balance of accounts.

(3.) Before the learned Subordinate Judge a number of questions were raised by the defendant. He denied the roka, he denied that the sum on the roka was due. This question has been decided by the learned Subordinate Judge against the defendant and no question thereon arises before us. The other substantial point raised by the defendant in the action was that the greater part of the claim was barred by limitation.