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1970 Supreme(Guj) 24

A.D.DESAI, D.P.DESAI
PARSHOTTAM MOTIBHAI PATEL – Appellant
Versus
ISHWARBHAI LALLUBHAI BIN DALABHAI – Respondent


Advocates Appeared: J.S.PATEL, JASHBHAI B.PATEL, M.C.SHAH

D. P. DESAI, J.

( 1 ) THE only question raised in this Appeal is the question of limitation and that question depends upon the admissibility of a document produced at Ex. 34/1 in the lower Court which is dated 27-10-1954 and which has been held by the lower Court to be an unstamped promissory note and as such inadmissible in evidence. For the purpose of this appeal only a few facts may be stated as bearing upon this question.

( 2 ) THE present appellants who were plaintiffs before the lower Court filed Special Civil Suit No. 12 of 1961 from which this appeal arises on March 7 1961 for recovery of a total amount of Rs. 14 399 p. As per the amended plaint the case of the plaintiffs was that the defendant has borrowed a sum of Rs. 11 683 from the plaintiffs on 10-10-1954 and then passed a writing in this connection dated 27-10-54 i. e. the writing at Ex. 34/1 on the admissibility of which the question of limitation depends in the present case. According to the plaintiffs demand of the dues under this oral loan were made after this writing but the defendant did not pay anything except a sum of Rs. 2000/on 27-9-1958. Therefore the suit was filed for the principal amount of the oral loan



















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