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1978 Supreme(SC) 197

A.P.SEN, D.A.DESAI, JASWANT SINGH
Babbar Sewing Machine Company – Appellant
Versus
Trilok Nath Mahajan – Respondent


Advocates:
C.K.Babbar, HARBANS SINGH

JUDGMENT

SEN, J.:— This appeal by special leave is directed against the order of the Punjab and Haryana High Court dated 14th August, 1968 upholding an order of the trial Court dated 23rd May, 1967 striking out the defence of the defendant under O. XI, R. 21 read with S. 151 of the Civil P.C., 1908 and directing that the defendant cannot be permitted to cross-examine the plaintiffs witnesses.

2. The suit out of which this appeal arises was brought by the respondent Trilok Nath Mahajan, as plaintiff, against the appellant-defendant M/s. Babbar Sewing Machine Co., on 9th March, 1966 for recovery of a certain sum alleged to be due to M/s. Chitra Multipurpose Co-operative Society (Jogyana) Ltd., Ludhiana which remained unpaid towards the price of sewing machine sold on credit from time to time, claiming to be an assignee under a deed dated 27th April, 1965. The transaction sued upon was of the year 1959, and the suit was obviously barred by limitation. The plaintiff, however, pleaded that the defendant had acknowledged his liability by his letter dated 8th March, 1963 forwarding cheque No. 01194 dated 7th March, 1963 for Rs. 50/- drawn on the Punjab National Bank Ltd., Yamunanagar. The









































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