SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1984 Supreme(Ker) 220

K.K.NARENDRAN
HYDROSE HAJI – Appellant
Versus
MOOSAKUTTY BAVA – Respondent


Judgment :-

1. The plaintiff in a suit on accounts is the appellant in the Second Appeal. The short facts of the case shorn of unnecessary details are: The plaintiff-appellant is a dealer in provisions and the defendant-respondent was an employee in the shop from 1956 onwards. In November 1969 the respondent ceased to be an employee of the appellant. While in employment the respondent used to purchase goods on credit and also take loans from the appellant. The amounts thus due from the respondent used to be adjusted from his salary. As per the accounts on 30-11-1969 some balance was due to the appellant. The suit was filed for the recovery of the above balance from the respondent as per accounts.

2. The respondent filed a written statement denying liability and also contending that the suit was barred by limitation.

3. The trial court found the accounts as genuine but rejected the appellant's contention that the same was a mutual, open and current account and held that it was Art.14 of the Limitation Act, 1963 that was applicable to the case and not Art.1 of the Act. Accordingly the trial court held that except the last three items which fell within three years of the date of suit, t





















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top