1962 (1) TMI 74 - HC - Indian Laws

Summary

Issues:
1. Suit for recovery of entire amount due on a bond.
2. Defense of limitation raised by the defendant.
3. Applicability of Article 74 or 75 of the Indian Limitation Act.
4. Interpretation of default clauses in the bond.
5. Comparison with relevant case laws.
6. Decision based on the nature of the claim and terms of the bond.

Analysis:

The judgment pertains to a special appeal arising from a suit for the recovery of the entire amount due on a bond executed by the defendants. The bond stipulated payment in 18 six-monthly installments, with specific default clauses triggering the creditor's right to demand the entire amount. The main defense raised was the bar of limitation, with the trial court initially decreeing the suit for the last installment only under Article 74 of the Indian Limitation Act. However, on appeal, the Civil and Sessions Judge decreed the entire amount under Article 80. Upon further appeal, the single Judge correctly applied Article 75, ruling that the entire amount fell due only upon default of all installments.

The crux of the issue revolved around the interpretation of default clauses in the bond and the appropriate application of Article 74 or 75 of the Limitation Act. The judgment clarifies that Article 75 applies when the entire amount becomes due on default of one or more installments, whereas Article 74 is for suits seeking recovery of individual installments. The creditor's right to claim the entire amount is contingent upon the terms of the bond and the nature of the claim brought under it.

The judgment distinguishes the present case from precedents cited, emphasizing that the creditor's right to recover the entire amount upon default of all installments falls under Article 75. The decision aligns with the Full Bench authority, which supports the view that Article 75 prevails when the claim pertains to the entire amount due on the bond due to default in payment of all installments. The judgment concludes by dismissing the appeal, affirming that the suit was rightly held to be within time under Article 75.

In essence, the judgment underscores the significance of analyzing the terms of the bond and the nature of the claim to determine the appropriate application of the Indian Limitation Act. It establishes that the creditor's entitlement to the entire amount hinges on the specific default clauses and the timing of default in payment of installments, guiding the choice between Article 74 and Article 75 based on the circumstances of each case.