TEA FINANCING SYNDICATE, LTD Vs. CHANDRA KAMAL BEZBORUAH

JUDGEMENT

(1.) This is a suit to recover Rs. 69,942-15-0 and interest thereon alleged to be due under an agreement between the parties of 3 February 1920 as the balance of a mutual open and current account.

(2.) The defendant does not pretend that he has not received from the plaintiffs the money for which he is being sued but I do not conceive it to be my duty to pass any comment upon his conduct in relying upon the defence which has been urged before me. In this connexion I desire to cite and make my own the words of Lord Justice Pry in Reeves V/s. Butcher [1891] 2 Q.B. 509, I have not to determine whether the defence here set up is handsome or conscientious but whether it is good in law, and I am or opinion that it is.

(3.) Now, the defence is that the claim is barred by limitation.