JUDGMENT :

T.V. ANILKUMAR, J.

1. A learned Judge of this Court while hearing this appeal on the question of commencement of period of limitation of a suit on a dishonoured cheque has doubted the correctness and sought reconsideration of decision reported in Sivaraman P.V. vs. Shajan Antony, 2017 (4) KHC 601 which held that limitation in such a suit started from the date of lending, after noticing the said decision being in conflict with an earlier decision of a Single Bench of this Court in Vasudeva Panicker vs. Sayed Ummer Pookoya Thangal, 1966 KLT 134 which, however, took a contrary view on the question to the effect that limitation in a similar suit ran only from the date of dishonour of cheque. We understand the law that the Division Bench answering the reference has also a duty to decide and dispose of on merits the proceedings from which the reference arose. We accordingly propose to consider the appeal before us on merits also.

2. The respondent in this appeal, who is the plaintiff, filed O.S. No. 16 of 2009 before the Sub Court, Thiruvalla, seeking a decree for recovery of