SUKH LAL Vs. BHOORA

JUDGEMENT

(1.) This is a revision application against an order passed by the learned Judge of Small Cause Court dismissing the suit instituted by the plaintiff against the defendant.

(2.) The plaintiff-applicant instituted a suit against the defendant on foot of a simple money bond alleged to have been executed by him on 25 June 1925. This bond had been executed in favour of the plaintiff and his brother who is dead. Under the provisions of the bond in suit a sum of Rs. 600 was agreed to be paid by the defendant in instalments of Rs. 40 yearly within a period of 15 years. There was a farther stipulation to the effect that in cast) of default of any payment of any instalment the creditor would be entitled to recover the whole amount due on the bond tit once

(3.) The defendant denied the execution oi the bond. The learned Judge has found that the execution of the deed by the defendant was fully proved. He further found that the defendant had made no payment towards the bond. He however came to the conclusion that the plea of limitation raised by the defendant was valid. He therefore held that the suit was not within limitation, because the plaintiff had not instituted it within a period of 3 years from the date of the default as provided for under the provisions of Art. 75, Limitation Act. The plaintiff has preferred this revision against the order of dismissal passed by the learned Judge.