Back
NARENDRA SINGH DHADDHA
Banshidhar Satya Narain – Appellant
Versus
Moti Lal Shanker Lal – Respondent
ORDER
This civil first appeal under Section 96 CPC has been filed by the appellants-defendants (for short, ‘the defendants) against the judgment and decree dt.5.3.2003 passed by Additional District Judge No.6 Jaipur City, Jaipur in Civil Suit No.10/1996 titled as M/s. Moti Lal Shanker vs. M/s. Banshidhar Satya Narain and anr. whereby respondent-plaintiff’s (for short, ‘the plaintiff’) the plaintiff suit for recovery of money has been decreed and counter claim of the defendants has been dismissed.
2. Plaintiff instituted a suit against the defendants in the Court of District Judge, Jaipur City, Jaipur on 13.5.1996 for recovery of Rs.2,60,375.58 with interest @ 2.5% per mensem w.e.f. 13.3.1993. Plaintiff averred in suit that Manju S. Chitlangia is the sole proprietor of the plaintiff firm. Defendant No.1 is a partnership firm and defendant No.2 is a partner of the firm. On 13.3.93 twice the defendants borrowed sugar bags from the plaintiff under bill valued Rs.1,31,231.76/- and Rs.1,29,183.82/-. Goods along with bill were sent to the defendants but the defendants did not pay the amount. In lieu of total outstanding amount of Rs.2,60,375.58, the defendants gave cheque of Rs.50,000/- t
The court established that the dishonor of cheques and subsequent notice can affect the limitation period for filing a recovery suit under the Limitation Act.
In contractual disputes, pre-existing communications and legal proceedings can extend the limitation period, while evidence must be assessed on the preponderance of probabilities rather than strict s....
Admissions made by the defendant in the written statement can affirm the plaintiff's claim, rendering substantial questions of law irrelevant.
Acknowledgment of a debt in writing interrupts the limitation period allowing a fresh period from the acknowledgment date, making the suit valid despite initial time lapse.
Court upheld the trial court's ruling on limitation and interest, emphasizing ongoing commercial transactions while invalidating the claim for hand loan.
The court established that the limitation period for recovery of loans starts from the date of the loan agreement, with the first day excluded in the computation.
Partners' liability for acts done before dissolution of a partnership firm and the admissibility of a defense based on a dishonored cheque reflecting admitted liability.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
