P. C. MISRA, J.

( 1 ) THE defendant is the appellant in a confirming judgment.

( 2 ) THE suit is based on a promissory note. The plaintiff's case is that on 1-4-71, the defendant took a loan of Rupees 3,000/- executing a promissory note in favour, of the plaintiff agreeing to. pay an interest of 12 per cent per annum. As no part of the loan or the interest accruing thereon was repaid by the defendant, the plaintiff filed the suit for realisation of his dues.

( 3 ) THE defendant's case, in short, was that he had paid back the loan together with interest as agreed to in presence of several gentlemen and the plaintiff did not return the promissory note on some plea or other. According to the defendant, the plaintiff has filed the suit on the basis of the said promissory note. The defendant also took a plea that the suit is barred by limitation.

( 4 ) THE learned Subordinate Judge after recording the evidence and hearing the parties, negatived the plea of payment by the defendant and decreed the suit with costs. The plea of limitation raised by the defendant was not accepted by the learned Subordinate Judge who found that the suit has been filed within the period of limitation.

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