KANHAI Vs. AMRIT

JUDGEMENT

(1.) This is an application in revision against a judgment of a Court of Small causes under the following circumstances: The applicant was the plaintiff in the Court below. He held an instalment bond by which he was to receive from the respondent a sum of Rs. 11 every year for eight; years. There was a stipulation in the bond by which the obligor agreed that in case of any default in the payment of any instalment, he would pay the entire amount due on the bond irrespective of the instalments. None of the instalments wore paid. The plaintiff stated in the plaint that his claim with respect to three of the instalments was barred by time, that ho did not want to sue for the entire sum duo and thus, leaving out the last two instalments, he sued for three which, according to him, fell due within three years of the institution of the suit.

(2.) The respondent met the claim with a plea of limitation. The learned Judge of the Court below held that the suit was time-barred, there being no evidence of any waiver.

(3.) In this Court it is contended that the applicant had as option to sue either for the whole money or for some of the instalments as he was advised and that as he waived his right to sue in respect of the first three instalments, he came within the period of limitation as laid down by Art. 75 of Schedule 1 of the Limitation Act.