9911796707
TMI Blog2005 (1) TMI 749X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent No. 1 for construction of Well and purchase of Diesel Engine and Pump sets, on his application dated 12-10-1980. After execution of the documents on 24-12-1980, a sum of ₹ 8,285/- and ₹ 2000/- were disbursed to the respondent No. 1 on 29-12-1980 and 6-1-1981 respectively. It was further alleged that since the loan amount was for agricultural purposes, therefore, the same was repayable along with interest within a period of 5 years in 10 six monthly instalments. It was alleged that respondents No. 2 to 4 stood as sureties for the aforesaid loan amount. Respondent No. 1 also mortgaged his property on 20-12-1980 and submitted a declaration under the provisions of M. P. Krishi Udhar Pravartan Tatha Prakriya Upbandh ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned trial Court committed error in holding that the suit was barred by limitation. The contention of the appellant is that so far as the term loan for construction of Well and purchase of Diesel Engine and Pump Set is concerned, the loan itself was disbursed on 29-12-1980, which was repayable in 5 years and it was further secured by deed of mortgage, therefore, by no stretch of imagination it can be said that the suit was barred by limitation on 4-7-1984. Further submission of the appellant is that so far as the other two accounts of C/C Limits are concerned, in both the accounts, the confirmation of balance was executed by the respondent No. 1 on 31-12-1982 and partial amount was deposited on 1-10-1983, therefore, it cannot be said that f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) ... Effect of payment on account of debt or of interest on legacy -- Where payment on account of debt or of interest on a legacy is 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. Shri M.L. Jaiswal, Sr. Adv. placed reliance on a decision of Apex Court in the matter of Hiralal v. Badkulal, reported in [1953]4SCR758 confirmed in the matter of Syndicate Bank v. R. Veeraima, reported in [2002] SUPP 5 SCR 600 wherein it was observ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as filed the statement of account of all the three accounts, which has been exhibited as Ex. P/32 to P/ 34. These accounts are duly proved by the appellant. A certificate is also endorsed by the Bank at the bottom of the statement of account, which reads as under:-- This is to certify that it is a true copy of ledger and entries herein are certified in one of the ordinary book of the Bank and were made in usual and ordinary course of business and that book is still in the custody of the Bank. Learned counsel for the appellant submits that Ex. P/32 to P/34 are the certified copies of the statement of account. Learned counsel submits that certified copy is defined under the provisions of the Banker's Books Evidence Act, 1891, whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le, but not further or otherwise. As per Section 4 of the Act, if a statement of account is submitted duly certified by the Bank Officer, then the entries of the said account has to be treated as sufficient evidence. There is nothing on record to disbelieve the statement of account. On 1-10-1983, a sum of ₹ 1000/- has been deposited in all the three accounts. Learned counsel submits that learned trial Court has rightly held that the civil cases are being decided on probabilities. There can be none else except the defendant No. 1 or his agent who could have deposited the same in the loan account. Since it is found that respondent No. 1 has executed the document Ex. P/20. which is document relating to confirmation of balance, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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