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1977 Supreme(Mad) 186

V.BALASUBRAHMANYAN
Chockalinga Mudaliar – Appellant
Versus
Manivanna Pillai – Respondent


Advocates:
District Munsif,Pondichery in Original Suit No.341 of 1971.
Masilamani, for Appellant.
R. S. Venkatachari, for Respondent.

Judgment.-This second appeal raises a point about limitation in regard to a suit for goods sold and delivered. The suit was filed in the District Munsif’s Court, Pondicherry. It was dismissed as time-barred under the Limitation Act, 1963 (Central Act XXXVI of 1963) . The District Court, on appeal, took the same view. Before the District Court the plaintiff contended that the question of limitation in relation to his suit was governed not by Central Act, XXXVI of 1963, but by the French Civil Code. It was further contended that the suit was within time under that Code. But these contentions were rejected.

2. The question in this second appeal is: which is the appropriate limitation law applicable to this suit? Central Act XXXVI of 1963 or the French Civil Code?

3. A few further facts may be mentioned. The plaintiff is a maligai merchant in Pondicherry. He based his suit claim against the defendant on a sale bill dated 24th January, 1967 in respect of goods sold by him on credit to the defendants. The suit was filed on 23rd June, 1971. The plaintiff pleaded that the suit was within time. He relied on an esdorsement of part-payment dated 25th June, 1968 stated to be in the defendant’s h
























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