2012 (3) TMI 613 - HC - Indian Laws

Summary

Issues involved:
The judgment involves the issue of limitation in a suit for recovery of a loan, as well as the interpretation of Section 19 of the Limitation Act, 1963.

Details of the Judgment:

Issue 1: Limitation in a suit for recovery of a loan
The appellant/plaintiff filed a Regular First Appeal challenging the trial court's dismissal of the suit for recovery of a loan amount along with interest, on the grounds of being barred by limitation. The loan was given without specifying a repayment date, making it repayable on demand. The appellant issued a notice demanding repayment on 14.12.2001, and the suit was filed on 8.2.2002. The court held that the suit was not barred by limitation under Article 113 of the Limitation Act, 1963, as the cause of action arose from the notice date. Therefore, the suit was decreed in favor of the appellant/plaintiff.

Issue 2: Interpretation of Section 19 of the Limitation Act, 1963
The trial court dismissed the suit, citing Section 19 of the Limitation Act, 1963, which deals with the computation of fresh periods of limitation based on payments made towards a debt. The court noted that the defendant had paid interest until 10.3.2000, but there was no acknowledgment of payment satisfying the proviso to Section 19. As a result, the trial court held the suit barred by limitation. However, the High Court disagreed, emphasizing that the absence of a fixed repayment date made the loan repayable on demand, and the suit was filed within three years of the demand notice, thus not barred by limitation.

In conclusion, the High Court accepted the appeal, set aside the impugned judgment, and decreed the suit in favor of the appellant/plaintiff for the loan amount along with interest. The appellant was also awarded costs of the appeal, and the trial court record was to be sent back.