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2017 Supreme(Online)(KER) 6535

HIGH COURT OF KERALA
B.KEMAL PASHA, J
P V SIVARAMAN – Appellant
Versus
SHAJAN ANTONY – Respondent


J U D G M E N T

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In a case wherein a suit is filed for the realisation of the amount borrowed, when the cheque subsequently issued in discharge of the liability stands dishonoured, does the period of limitation commence from the date on which the amount was borrowed or from the date on which the cheque was issued?

2. Challenging the concurrent findings entered by the Principal Sub Court, Thrissur in OS No.408/2002 followed by those of the IV Additional District Judge, Thrissur in AS No.40/2011, the defendant in the suit has filed RSA No.1080/2014. Challenging the concurrent findings entered by the Principal Sub Court, Thrissur in OS No.409/2002 followed by those of the IV Additional District Judge, Thrissur in AS No.38/2011, the defendant in the suit has filed RSA No.1130/2014. Even though the defendant in both the suits is the same, the plaintiff in OS No.408/2002 is the husband of the plaintiff in OS No.409/2002. Both the suits were jointly tried.

3. The case of the respondents is that the defendant had borrowed an amount of ₹1,00,000/- each from them. Thereafter, the plaintiffs demanded the said amount from the defendant. On such demand, the defendant issued Ext.A

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