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1962 Supreme(MP) 25

P.R.SHARMA
KALU RAM PANNALAL – Appellant
Versus
V. JAGANNATH KALUA – Respondent


Advocates Appeared:
H.G.MISHRA, K.L.Batham

P. R. SHARMA, J.

( 1 ) THIS revision application has been preferred by the plaintiff, whose suit for recovery of a sum of Rs. 489/9/- on the basis of a bond has been dismissed by both lower Courts.

( 2 ) IT was alleged in the plaint that the respondent took a cash loan of Rs. 410/- on 15-11-1953 agreeing to repay the loan by instalments of Rs. 10/- per month with interest at 12% per annum. The defendant repaid only a sum of Rs. 50/ -. The plaintiff, therefore, claimed Rs. 360/- as principal, Rs. 129/- by way of interest and annas -/9/- as notice charges.

( 3 ) THE suit was originally Instituted in the name of firm 'kaluram Chhotelal'. Thereafter by an amendment of the plaint the names of Kaluram and Chhotelal as proprietors of the firm 'kaluram Chhotelal' were substituted as plaintiffs in place of the firm. The plaintiffs signed the amended plaint on 30-9-1959.

( 4 ) THE trial Court held that the suit was barred by Section 22 of the Limitation Act. This finding was, however, set aside on appeal by the learned District Judge, gwalior, who held that merely because the plaintiff's names as members of a joint hindu family firm were brought on record on 12-9-1959 it could not be said th









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