SUBRAMANIAN Vs. ABOOBACKER KOYA
LAWS(KER)-2003-8-42
HIGH COURT OF KERALA
Decided on August 06,2003

SUBRAMANIAN Appellant
VERSUS
ABOOBACKER KOYA Respondents

JUDGEMENT

- (1.) This appeal is filed by the plaintiff in a suit for money. The plaintiffs case, after amendment of the plaint, is as follows. On 23.2.1984, the defendant executed a document in favour of the plaintiff and obtained Rs. 25,000/-. He paid back Rs. 10,000/- in May, 1984 and Rs. 10,000/- on 20.7.1984. Again he borrowed Rs. 15,000/- on 7.8.1984 and Rs. 10,000/- on 18.8.1984. On 6.3.1986 he paid back Rs. 5,000/-. The balance payable is Rs. 35,389/-. Before amendment, the claim was based on the loan given on 23.2.1984 and no repayment was stated in the plaint. Even after amendment, the cause of action portion of the plaint was not amended.
(2.) The defendant contended that the entire loan as stated in the original plaint was repaid by payment of Rs. 10,000/- on 20.7.1984, Rs. 10,000/- on 11.8.1984, and Rs. 5,000/- on 6.3.1986. The document was not returned and the plaintiff insisted on 36% interest. The defendant also contended that the suit was barred by limitation.
(3.) The Trial Court found that the amendment of plaint in 1990 will not relate back to the date of suit. Therefore, payments made in 1984 are barred by limitation. It was held that the plaintiff was entitled to get interest at 12% on the amounts borrowed after adjustment of the three payments made of the principal amount.;


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