9911796707
TMI Blog2012 (3) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... urt since 2.2.2012. No one appears for the parties although the matter is effective item No.10 on the Regular Board. It is 2.40 P.M. 2. The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment dated 22.11.2003 of the trial Court dismissing the suit filed by the appellant/plaintiff under Order 37 CPC for rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that the respondent/defendant has no substantial defence to raise in view of the promissory notes and receipts dated 22.4.1998 and 19.10.1998. The trial Court however dismissed the suit as barred by limitation by making the following observations:- "10. Now the question is about the right of plaintiff to judgment. During arguments on application for leave to defend. Ld. Counsel for res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf a fresh period of limitation shall be computed from the time when the payment was made. Provided that save in the case of payment of interest made before the 1st day of January 1929 an acknowledgment of a payment appears in the handwriting of or in a w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22.4.98 and 18.10.98 have been paid on 22.4.98 and 18.10.98 respectively. Under article 20 to schedule of Limitation Act, 1963, the period of limitation in a case when lender has given the cheque for money in a case when lender has given the cheque for money is 3 years from the date when the cheque is paid. In the present case this period of 3 years expires much before 8.2.2002. 13. In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icle 113 of the Limitation Act, 1963 as per which the suit has to be filed within three years of arising of the cause of action. The cause of action in this case will arise on sending of the legal notice dated 14.12.2001. I therefore hold that the suit was not barred by limitation. 6. In view of the above, appeal is accepted. Impugned judgment is set aside. Suit of the appellant/plaintiff is decr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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