HARAKCHAND TARACHAND Vs. SUMATILAL CHUNILAL

JUDGEMENT

(1.) This is a suit brought by the plaintiff to recover from the defendant a sum of money as damages on the allegation that the defendant purchased through the plaintiff eleven bales of cloth at Rs. 2-12-6 per lb. on August 20,1918. The defendant on September 7, 1918, sold five bales through the plaintiff, and on September 8, sold six bales, and it is alleged that in the transaction of the eleven bales the defendant was bound to pay the plaintiff loss to the extent of Rs. 479- 13-0.

(2.) In the suit the plaintiff also claimed that the defendant had entered into an additional transaction of purchase with him with regard to five bales. The learned Subordinate Judge held the transaction proved, but the lower appellate Court held that the transaction was not proved. We are, therefore, concerned only with the transaction of eleven bales of cloth purchased by the defendant through the plaintiff on August 20, 1918.

(3.) The question of limitation was not raised in the trial Court, and the defendant in his written statement admitted the claim with regard to Rs. 479-130 in respect of the transaction relating to the eleven bales. On appeal the learned District Judge held that limitation ran from September 8, 1918, on the ground that on that day the plaintiff could know what amount the defendant had to pay to him as damages. He, therefore, dismissed the plaintiff's suit.