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2014 Supreme(Pat) 869

MUNGESHWAR SAHOO
Muzaffarpur Re-rolling Mills – Appellant
Versus
Binod Kumar Mohta – Respondent


Advocates:
For the Appellant : Mr. Indrajesh Kumar.
For the Respondents: None.

MUNGESHWAR SAHOO, J.:–This First Appeal has been filed by the plaintiff-appellant against the part of the judgment and decree dated 18.04.1977 passed by the learned Additional Subordinate Judge, Muzaffarpur in Money Suit No.68 of 1972/04 of 1977 whereby the learned court below rejected the claim of the plaintiff partly regarding transaction of the year 1968 on the ground that it is barred by law of limitation.

2. The plaintiff filed the aforesaid money suit claiming for recovery of Rs.16,852/- with interest at the rate of 12% pendente lite and future. The plaintiff claimed this relief alleging that the plaintiff is a partnership firm and the defendants, who are members of the joint Hindu family, were known to the appellant and they were purchasing goods on credit from the plaintiff and the price was used to be paid by them according to their sweet will but always within one year of its purchase. They were also paying interest at the rate of 12% per annum. The defendants purchased goods worth Rs.1,12,232.79 and promised to pay price with interest at the rate of 12% but paid only Rs.1,00,153.84 as shown in Schedule-B of the plaint. The entire transaction is entered in the account book



















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