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2022 Supreme(Bom) 463

MANISH PITALE
Pedro Antonio D' Souza, alias Pedro Antonio Souza – Appellant
Versus
Vijay Construction – Respondent


Advocates Appeared:
For the Appellants : Mr. C.A. Coutinho with Mr. I. Santimano.
For the Respondent: Mr. Sudesh Usgaokar with Ms. Marie Rosette Pereira.

JUDGMENT :

1. The only question that arises for consideration in this Appeal is, as to whether the suit filed by the Respondent was within limitation. According to the Respondent (original Plaintiff), the suit was filed within limitation by application of Article 1 of the Schedule to the Limitation Act, 1963, while the Appellants claim that the suit was barred by limitation by applying Article 19 thereof.

2. The Respondent filed suit against the Appellants on 31.10.2002, for a Decree directing the Appellants to pay a sum of Rs.4,20,538.61 along with interest at the rate of 17.5% per annum from 01.11.2022 till actual payment. According to the Respondent, the said amount was due towards loan amounts advanced to the Appellants on various dates between 1981 to 1997. It was the case of the Respondent that it had taken a house situated in Salcete, Goa, from the Appellants on rent, initially for a monthly rent of Rs.300/- and after one year, for rent at the rate of Rs.350/- per month. It was the case of the Respondent that the amounts advanced towards the loan to the Appellants were agr

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