Prathiba M. Singh, J.

1. The present appeal arises out of the impugned order dated 6th June, 2016, by which the application under Order VII Rule 11 Code of Civil Procedure, 1908 (hereinafter ‘CPC’) has been allowed and the suit filed by the Appellant/Plaintiff (hereinafter ‘Plaintiff’) has been rejected as being barred by limitation.

2. Briefly the case of the Plaintiff is that the Plaintiff and the Respondent/Defendant (hereinafter ‘Defendant’) were on friendly terms for a long time. The Defendant approached the Plaintiff in 2007 for a friendly loan and the following sums were advanced by the Plaintiff to the Defendant.

“i. Rs 2,85,000/- on 4.08.2007

ii. Rs 5,00,000/- on 16.4.2008

iii Rs 5,00,000/- on 14.5.2008

iv. Rs 8,00,000/-on 1.05.2009”

The Defendant sought the loan on the ground that he needed financial assistance for his daughters studies. The interest payable as agreed, was 12% compounded quarterly. The Defendant then executed a promissory note for a sum of Rs.21,62,137/- which was the amount due as on 29th December, 2009. The said amount included the principal and the interest payable till the said date. According to the Plaintiff, since a huge sum was outstanding, an