M.S.APTE
Someshwar Bapurao Nilakhe – Appellant
Versus
Nivritti Baburao Gholave – Respondent
2. Plaintiff is a businessman and defendant-opponent in this revision petition had dealings with him between 3-2-1962 and 1-8-1963 and on account of this dealing the defendant owed a sum of Rupees 373-60 to the plaintiff at the foot of the account. This liability was acknowledged by the defendant on 5-11-1963. The plaintiff instituted the suit out of which this petition arises on 5-11-1966. The defendant pleaded that the suit was barred by limitation. This question was taken up for consideration as a preliminary issue by the trial Court and it held that the suit was barred by limitation and consequently dismissed it with costs.
3. The view taken by the trial Court is obviously erroneous. Section 12 (1) of the Limitation Act, 1963 provides that in computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded. Now, under Section 18 (1) where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an a
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