JUDGMENT :- This is a plaintiff's second appeal and arises out of a suit filed by him to recover a sum of Rs. 527-13-9 as price of cloth alleged to have been purchased by the respondents and interest thereon.

2. The plaint allegations were that the plaintiff appellant carried on business in cloth and the defendant-respondents, who were members of a joint Hindu family, purchased cloth from the plaintiff. It was also alleged that the defendants dealt in readymade garments and they supplied the same to the plaintiff for sale on commission basis. The amount claimed by the plaintiff comprised the following items :-

1. Rs. 247-12-0 as principal.

2. Rs. 230-15-3 as interest.

3. Rs. 49-4-6 as commission.

3. The defence, in the main, was that there was no agreement regarding the payment of interest, that certain items sought to be claimed were barred by the law of limitation. According to the defence, a sum of Rs. 7 only was due to the plaintiff.

4. The learned Munsif repelled the pleas put forward on behalf of the respondents and decreed the suit. He held that the article of the Limitation Act applicable to the case was 85 and the whole of the amount claimed was within the prescribed period of l

Click Here to Read the rest of this document