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2019 Supreme(Mad) 1160

T.RAVINDRAN
Karthick Traders, Rep. by Partner S. Senkuttuvan – Appellant
Versus
Adhithya Textiles Process, Rep. by its Partner N. Balasubramanian – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T. Murugamanickam, Zeenath Begam.
For the Respondents: R. Hemalatha, C. Prakasam.

JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of CPC against the Judgment and Decree dated 26.06.2015 passed in A.S. No. 35 of 2013 on the file of the I Additional District Court, Tirupur, reversing the Judgment and Decree dated 12.10.2013 passed in O.S. No. 247 of 2007 on the file of the Subordinate Court, Tirupur.)

1. Challenge in this second appeal is made to the Judgment and Decree dated 26.06.2015 passed in A.S. No. 35 of 2013 on the file of the I Additional District Court, Tirupur, reversing the Judgment and Decree dated 12.10.2013 passed in O.S. No. 247 of 2007 on the file of the Subordinate Court, Tirupur.

2. The second appeal has been admitted on the following substantial questions of law:

“(i) Whether the suit was barred by limitation?

(ii) Whether the judgment of the lower Appellate Court is vitiated in holding that the suit is barred by limitation even on the face of the clear and conscious acknowledgement of liability under Ex.A5 and consequential part-payment under Ex.A4?”

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in d




























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