G.S. Sistani, J. Oral

1. Present appeal has been filed by the appellant under Section 96 of the Code of Civil Procedure (herein after referred as `CPC') against the judgment and decree dated 27.09.2006 passed by the learned trial court dismissing the suit of the appellant as barred by limitation.

2. The brief facts necessary to be noticed for the disposal of the present appeal are that the plaintiff (appellant herein) was dealing in manufacture and sale of different types of auto parts, accessories and PV foams and the like. The defendants (respondents herein) purchased PV foams from the appellant through various bills as per their requirements and the supplies were made accordingly. The total supplies made by the appellant to the respondents amounted to Rs. 25,46,030.56 P out of which the respondents had paid an amount of Rs. 21,51, 786.30 P leaving an outstanding amount of Rs. 3,94,244.26P. Despite service of a legal notice dated 01.08.1988, the respondents failed to pay the outstanding amount and thus, the appellant was forced to file a suit for recovery of Rs. 3,94,244.26 P along with interest @ 23% per annum w.e.f 26.09.1985 according to the agreement , market custom and the pre