1986 Supreme(MP) 492

IN THE HIGH COURT OF MADHYA PRADESH
P.C. Pathak, J.
United Law Publisher – Applicant
Versus
Mohammad Hussain – Respondent
C. R. No. 44 of 1986 (I)
Decided On : 24-07-1986

Headnote:Limitation Act. 1963 – Art. 37 – price agreed to be paid in installments – right to sue accrues after expiry of full period of installments.

        Short Note

       1. This is a revision by plaintiff against dismissal of his suit claiming a sum of Rs. 330/ – . The only ground on which the suit was dismissed is that it is barred by limitation.

       Held : Ex. P. 2, is an order placed by the non – applicant – plaintiff for Gujrat Local Acts for a sum of Rs. 280/ – The defendant had agreed to pay the amount in installments of Rs. 10/ – per month. Learned Counsel for the applicant submits that such a claim is governed by Article 37 of the Limitation Act. The scope of this Article 37 was examined in Bhagawant Rao v. Moham – Mad Khan (77 JLJ 751) It was held that the right to recover the whole amount for a put thereof under the bond accrues to the plaintiff only on completion of the defaults in payment of all the instalments. Ex. P. 2 shows that the parties had agreed to repay the amount in 27 instalments, i.e. the plaintiff's right to file the suit would accrue only after expiry of 2 years, and 3 months. If so computed, the suit is well within limitation. 1977 JU 751 relied on. Revision allowed.