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1959 Supreme(MP) 170

SHIV DAYAL SHRIVASTAVA
DEVIDAS DHANIRAM – Appellant
Versus
PARMA GOKALIA – Respondent


Advocates Appeared:
G.P.Patankar, K.S.Agrawal

SHIV DAYAL SHRIVASTAVA, J.

( 1 ) THIS revision is directed against the judgment and decree of the Small Cause judge, Gwalior, dismissing the plaintiff's suit as barred by time.

( 2 ) THE suit was based on an instalment Bond executed by the defendants Parma, hariram and Tillu on July 24, 1952 in favour of Devidas. Defendants Kama and devi were the sureties. The bond was for a sum of Rs. 350/ which was repayable as follows:

(a) The debtors were to repay Rs. 200/- out of the principal amount and rs. 40/- by way of interest, totalrs. 240/-, within one year by monthly instalments of Rs. 20/- each. (b) The balance of Rs. 150/- was to be paid within one year together with interest thereon at Rs, 2 per cent, per month. (c) In case there was default in the payment of any monthly instalment or interest for 3 months, the creditor was given the right to recover the whole amount at once.

( 3 ) IT was alleged in the plaint that the defendant paid in all Rs. 136/- between september 13, 1952 and July 11, 1956. The claim in the suit was for Rs. 350/- the principal amount, and Rs. 32/8/- as interest total Rs. 382/s/ -. This suit was instituted on July 20, 1956.

( 4 ) THE learned trial Judge held that











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