Surat Singh v. Om Parkash

CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG

Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.N.K.Manchanda, Advocate for the appellant Mr.S.P.S.Tinna, Advocate for the respondent **** RAKESH KUMAR GARG J. This is defendant's second appeal challenging the judgment and decrees of the courts below whereby suit for recovery filed by the plaintiff-respondent on the basis of pronote and receipt was decreed against the appellant. The only contention raised by the learned counsel for the appellant before this Court is that the instant suit was barred by limitation and therefore the same was liable to be dismissed only on this ground. It is relevant to point out that as per the endorsement on the plaint, the present suit was filed on 03.08.2001 as noticed by the Lower Appellate Court. Admittedly, the loan amount was advanced to the appellant on 05.08.1998. It is well settled that question of limitation is a mixed question of fact and law. Despite the fact that on the objection RSA No.1510 of 2007 2 raised by the appellant, issue with regard to the limitation was framed by the trial Court, the appellant failed to prove the same and controvert the aforesaid factum of filing the suit on 03.08.2001 which is undisputedly within three years from the date of loan i.e.05.08.1999. Moreover, no argument was raised on behalf of the appellant before the Lower Appellate Court in spite of the fact that issue of limitation was decided against him. In this view of the matter, I find no merit in this appeal. No other point was urged. No substantial question of law arise. Dismissed.

10.05.2010 (RAKESH KUMAR GARG) JUDGE