SARAT LAKSHI DASSYA Vs. NARENDRA SINGHA

JUDGEMENT

(1.) This is an appeal by the plaintiff against the judgment and decree of Subordinate Judge, 3 Court, Mymensingh, affirming the judgment and decree of the Munsif, 3 Court, Mymensingh,. in a suit brought by the plaintiff for recovery of Rs. 1,442-8-0 alleged to be due on a simple instalment bond executed by defendant 1 in her favour on. 27 Pous 1324 B.S, for a consideration of Rs. 950. The plaintiff alleged receipt of Rs. 82 on different dates on account of interest, the last payment having been made on 9 Kartik 1328 B.S., and her case in the plaint was that these payments saved limitation.

(2.) Defence was that the suit was barred by limitation. The defendants did not. admit the payments as alleged by the plaintiff on the dates specified but he said that he had paid Rs. 110 in all, the last payment having been made in Bhadra of 1326 B.S.

(3.) Both the lower Courts found as a fact that no payment was made by the defendant after Bhadra 1326 and so they dismissed the suit as barred by limitation.