SWADESHI BIMA CO LTD Vs. BSHIV CHARAN DAS

JUDGEMENT

(1.) This is an application in revision against an order of the learned Civil Judge of Agra passed on 19 January 1946, restoring a suit which had, in the past, been dismissed for default several times.

(2.) The facts of this case, which hardly reflect any credit upon the plaintiff, are briefly these:

(3.) On 19 September 1916, Dr. Asthana granted a mortgage for Rs. 15,000 in favour of one Murli Dhar. The period of payment was five years. In 1940 the mortgagor sold his interest to the Swadeshi Bima Company Ltd. On 21 October 1942, a suit for recovery of Rs. 41,325 was brought on the basis of the mortgage. Rupees 15,000 represented the principal and the balance was alleged to have been due on account of interest. The suit was, prima facie, barred by limitation, but the plaintiff relied upon certain payments and upon certain acknowledgments.