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1957 Supreme(P&H) 134

D.FALSHAW, MEHAR SINGH
Suraj Mal Kalu Ram – Appellant
Versus
Vishan Gopal – Respondent


Judgment

Mehr Singh, J.

1. This appeal, by Suraj Mal plaintiff, arises out of a suit for recovery of Rs. 9,890/14/6, principal and interest, on the basis of various amounts advanced by the plaintiff to Vishan Gopal defendant, between 15-12-1944, and 31-5-1947, on which last date the defendant, after going through the account, wrote in his hand at the bottom Rs. 7,883/6/- due (Baki Rahe). The suit has been dismissed by the learned trial Judge on the ground that it is barred by the Statute of limitations. The decree is dated 31-3-1952.

2. The defendant began taking loans from the plaintiff on 15-12-1944. He raised various amounts on various dates up to 31-5-1947, pledging certain shares at different times and taking sometimes all and sometimes part of them, while making repayments in the account. The account was throughout kept by the defendant himself and started with his name written by himself on top of the account. The first balance entry in the account is of 15-1-1945, written in the hand of the defendant showing a balance of Rs. 4700/- as due. The entry is stamped with one anna revenue stamp and is signed by the defendant. There is another entry signed by the defendant of 13-3-1












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