( 1 ) THIS appeal is directed against judgment and decree dated 18th January, 1999 passed by Shri Ved Prakash Vaish, Additional District Judge, Delhi dismissing the appellant/plaintiff s suit for recovery of Rs. 1,77,048. 58 p. holding it to be barred by limitation. Learned Counsel for the parties urged that as the Trial Court record has been and the point involved is short, the appeal be finally heard. Accordingly by this judgment the appeal is being disposed of.

( 2 ) FACTS giving rise to this appeal briefly are: that the appellant (plaintiff) filed a suit against the respondents (defendants) for recovery of Rs. 1,77,048. 58 p. with costs and interest @ 18% per annum from the date of filing of the suit till the date of realisation alleging therein that the defendant No. 2 is the sole proprietor of defendant No. 1 , M/s. National Steels; that defendants had been purchasing iron steel goods from the plaintiff s firm and had been making part payments from time- to-time; as per the books of account kept by the plaintiff, a sum of Rs. 4,89,178. 65 p. was due and outstanding against the defendants; vide their letter dated 7th January, 1994 defendants informed the plaintiff