V. K. MEHROTRA, J.

( 1 ) THIS is a defendants Second Appeal who is aggrieved by a decree for recovery of a sum of Rs. 8,400/- with pendente lite and future interest at the rate of 6% per annum on Rs. 4,000/borrowed by him from the plaintiff. The lower appellate Court confirmed the decree passed by the trial Court.

( 2 ) THE finding which has been arrived at by the courts below concurrently is that after borrowing a sum of Rs. 4,000/- on Feb. 5, 1967 from the plaintiff, the defendant acknowledged his liability for re-payment of the amount by paying to the plaintiff a sum of Rs. 300/- on Jan. 1, 1970. There was an endorsement about this payment made at the back of the promissory note and the receipt through which the defendant acknowledged his liability. The defendant affixed his thumb mark below it. Both the courts disbelieved the plea of the defendant that he had not borrowed any money or that the promissory note and the receipt had been fabricated by the plaintiff.

( 3 ) THE courts below did not accept the defendants plea that the suit was barred by limitation. According to them, the suit was well within limitation as acknowledgment of his liability had been made by the defendant

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