Decided on June 17,1983

Avdhut Transport Co Respondents


A.P.RAVANI - (1.) Would the part payment without anything more made towards the dues for the goods sold and delivered extend the period of limitation from the date of making such part payment? This short question arises in this revision application.
(2.) The opponent plaintiff filed a suit being Regular Civil Suit No 404 of 1974 in the court of Civil Judge (SD) Vadodara for the recovery of Rs. 2 457.72 from the defendant. The plaintiff is a carting contractor and is doing business of commission agent. It was the case of the plaintiff that the defendant had purchased certain building materials from the plaintiff to the tune of Rs. 4 307 72 and towards this amount he paid Rs. 2 500 an amount of Rs. 1 807.72 remained due towards the principal amount. According to the plaintiff an amount of Rs. 650/ as and by way of interest calculated at the rate of 12 per cent per annum also fell due.
(3.) The plaintiff contended that even after the notice of demand was served upon the defendant he did not pay the dues and hence the suit was filed for the recovery of the amount due i.e. Rs. 2 457 72 The defendant appeared in the suit and resisted the same on facts as well as on law points. He inter alia contended that the suit filed by the plaintiff was beyond the period of limitation under the provisions of the Limitation Act. The trial court negatived the contention of the defendant on this score on the ground that the account was a running account and the period of limitation will start to run from the date of payment of the last amount and decreed the suit of the plaintiff in its entirety. The defendant preferred an appeal being Regular Civil Appeal No. 405 of 1980 in the court of District Judge Vadodara. The learned 2 Extra Assistant Judge Vadodara who heard the appeal partially allowed the same inasmuch as he held that the plaintiff was entitled to get 6 per cent interest per annum and not 12 per cent interest on the amount due and he confirmed the judgment and decree passed by the trial court to the aforesaid extent by his judgment and order dated 4/12/1981 The aforesaid judgment and decree of the courts below is challenged in the revision application by the original defendant.;

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