JUDGMENT :

Jyotsna Rewal Dua, J.

A civil suit for recovery of Rs.69,000/- alongwith costs and interest was decreed by the learned Trial Court on 07.04.2015. The decree was reversed by the learned First Appellate Court on 15.10.2015 on the ground that suit for recovery of money was barred by limitation. Aggrieved, the plaintiff has taken recourse to Section 100 of the Code of Civil Procedure.

This appeal was admitted on 05.07.2016 on the following substantial question of law:-

“(a) Whether the First Appellate court has erred in holding that Limitation Period has expired to file the suit for recovery by plaintiff when defendant has specifically made acknowledgment for time barred debt by way of agreement which is valid as per Section 25(3) of the Indian Contract Act.”

2. The case

2(i) Suit was filed by the appellant on 01.06.2009 with the pleadings that:- The plaintiff deals in shuttering plates etc. for the purpose of construction of lintel; The defendant requested him for hiring 30 shuttering plates @ Rs.1.50 per plate on 01.04.2003; The plaintiff supplied 30 shuttering plates to the defendant accordingly; Defendant did not pay single paisa to the plaintiff; He returned only 7 (sic 9) ou