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1983 Supreme(Ori) 122

P.K.MOHANTY
ATTADI VENKETI – Appellant
Versus
BHARATAM RAMULU AND SONS – Respondent


Advocates Appeared:
L.MOHAPATRA, N.C.PATIL, P.K.Misra, Y.S.N.MURTY

P. K. MOHANTY, J.

( 1 ) THIS Civil Revision arises out of a suit for recovery of money.

( 2 ) THE plaintiff is a wholesale dealer in cloth. He filed the suit on the allegation that the defendant who is a dealer in ready-made garments used to purchase cloths from him on credit and make payments from time to time in due discharge of the credit account. Last purchase was made by the defendant on 16-8-73 and the last payment was made by him on 28-9-73. Thereafter the defendant discontinued his business transaction with the plaintiff. A sum of Rs. 1,476. 67 paise was left unpaid by the defendant. He did not pay up the dues despite demands. Hence the suit for recovery of Rs. 1. 474. 67 paise with interest at 12 p. c. p. a.

( 3 ) THE defendant admitted that he had business transactions with the plaintiff and that he was making payments towards the total dues from time to time, but contended that he had discontinued his business transaction with the plaintiff after 1972. The allegation that last purchase of cloth was made on 168-73 and last payment was made on 28-9-73 was denied and the suit was resisted on the ground of limitation.

( 4 ) THE trial court, on a consideration of the evid
















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