Provision of French Civil Court cannot be applied for the suit regarding pronote executed at Pondicherry.

1. This appeal suit is directed against the judgment and decree dated 12.1.1987 made in O.S.No.78 of 1983 by the Court of First Additional Subordinate Judge. Pondicherry thereby decreeing the suit for a sum of Rs.28.930.

2. Advertingto the facts, the respondents herein have filed the suit against the appellant praying to direct the defendant to pay a sum of Rs.28,930 with subsequent interest due on the promissory note and for costs on the ground that the defendant borrowed a sum of Rs.19.500 from one Louis Francois Victor Sinnas for agricultural expenses and repairing the tractor and for home expenses executing the promissory note for the said amount on 25.7.1972 promising to repay the same with interest at 12% p.a. on demand, that the defendant also paid a sum of Rs.5.500 towards principal on 14.2.1974 and Rs.50 towards interest on 13.1.1977, that no other payment was made by the defendant, that the said Louis Francois Victor Sinnas died on 6.5.1979, that the plaintiffs are the legal heirs of the said person. That the plaintiffs issued a lawyers notice of demand to the defendant dated 1.2.1983, but there was no reply from the defendant and hence. the suit for the recovery of the said sum.

3. On the part of the defendant, he would allege that pronote was already discharged in the year 1976 and 1977. That Louis Francois Victor Sinnas informed him that the, C.B.I. authorities have taken away the pronote and that he would return the same after cancelling, that the said person was also maintaining a regular account book being a money lender showing the credit made by the defendant in suppression of which the plaintiffs have now falsely come forward to claim the suit amount, that the suit provide is barred by limitation. on such grounds, the defendant would pray for dismissing the suit with costs.

4. Thetrial court having framed two issues viz., (i) whether the discharge alleged by the defendant is true or note (ii) what other relief the plaintiffs are entitled to e and (iii) an additional issue whether the suit is time barrede and having ordered for the trial in which the fifth plaintiff got himself examined as P.W.1 and on the part of the defendant, he had himself entered into the box and examined as D.W.1. Sofar as the documentary evidence is concerned, four documents have been marked as Exs.A-1 to A-4 on the part of the plaintiffs. Ex.A-1 dated 25.7.1972. the promissory note for Rs.19,500. Ex.A-2 dated 14.2.1974 the endorsement effected on Ex.A-1 for the payment of Rs.5,500. Ex.A-3 dated 1.2.1983 lawyers notice. Ex.A-4 dated 4.2.1983 postal acknowledgement card. On the part of the defendant, the document marked was nil.

5. In appreciation of these evidence placed on record in the context of the facts and circumstances as brought forth by parties, the lower court would ultimately arrive at the conclusion to decree the suit as prayed for, testifying the validity of which, the defendant has come forward to prefer the above appeal suit on certain grounds as brought forth in the grounds of memorandum of appeal.

6. Today when the above matter was taken up for consideration by this Court, the learned counsel appearing on behalf of the appellant would take up the limitation question that is involved in this case as the only issue that has to be decided foremost and would submit that the suit is barred by limitation since the pronote originally came into existence on 25.7.1972 admitted by both parties and the last payment that was effected for a sum of Rs.50 towards interest was on 13.1.1977, that the limitation for filing of the pronote suit is only three Years under the Indian Limitation Act, 1963, that under these circumstances, the suit having come to be filed only on 6.2.1983, the learned counsel would exhort that the suit is hopelessly barred by limitation. The learned counsel would point out that no valid reason has been offered on the part of the court below for having arrived at the conclusion and to hold that accord