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1959 Supreme(J&K) 3

JANKI NATH WAZIR, K.V.GOPALAKRISHNAN NAIR
J&K Bank Ltd. – Appellant
Versus
Nirmala Devi – Respondent


Advocates Appeared:
Advocate For Appellant: Ch. Inder Dass
Advocate For Respondent: Lok Nath Sharma
Advocate For Respondent: Suraj Parkash Gupta
Advocate For Respondent: Ishwar Singh

GOPALAKRISHNAN NAIR J. :

These appeals raise a common question of limitation ,

(2) The respondents in the appeals deposited with the appellant Bank certain sums of money for a fixed period of one year. As the Bank did not repay the amounts on demand made by the respondents, suits out of which these appeals arise, were instituted by the respondents against the appellant Bank. The Bank raised the same point of limitation in all the suits which may briefly be set out as follows;

(3) The amounts became payable by the Bank on the dates on which the period of the fixed deposits expired. The period of limitation for the suits has, therefore, to he computed from those dates. As the suits were instituted beyond a period of six years from those dates, the suits are clearly barred by limitation.

(4) The respondents, on the other hand, contend that the starting point of limitation is the date on which demand was made on the Bank for repayment of the amount deposited and as the suits were brought within six years of the date of demand the suits are well within time.

(5) The controversy thus turns upon what is the correct starting point of limitation in these cases. If time is to run only from the da






















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