SADASOOK AGARWALLA Vs. BAIKANTA NATH BASUNIA

JUDGEMENT

(1.) The plaintiff-appellant in this appeal brought a suit to recover from the defendant- respondent the sum of Rs. 949 on a hatchitta.

(2.) The plaintiff's case was that the defendant had borrowed Rs. 300 from him on the 12th Assar 1302 corresponding to the 19 June 1895, Rs. 25 on the 7 Assar, and Rs. 5 on the 12 Assar, thus mating a total of Rs. 330; that on the 9 Jaistha 1305 corresponding to 22 May, 1898, the defendant had acknowledged that that sum was due together with interest thereon from the 19 of June 1895 up to that date, amounting to Rs. 267-12, and on the Same date he had paid a sum of Rs. 9 in part payment of the loan taken on the 7 Assar. The present suit was instituted on the 20 September 1900, and the plaintiff's case was that by reason of the acknowledgment, made by the defendant on the 22 May, 1898, the suit was within time.

(3.) The main defence taken in the case was that the suit was barred by limitation. The suit was brought on the katchitta which has been translated and has been placed before us. That document sets out the facts already mentioned. It bears at the head of it the name and signature of the defendant. Under the entry of the 22 May, 1898, which the plaintiff states is an acknowledgment of indebtedness on the part of the defendant, there are written the words "likhitan khod" ("writer self") and on the credit side under the payment are written the same words "writer self."