ARJUN SAHAI Vs. PITAMBER DAS
LAWS(ALL)-1962-1-8
HIGH COURT OF ALLAHABAD
Decided on January 04,1962

ARJUN SAHAI Appellant
VERSUS
PITAMBER DAS Respondents

JUDGEMENT

V.Bhargava, J. - (1.) This is a defendant's special appeal arising out of a suit for the recovery of the entire amount due on a bond executed by the defendants on 20th September 1931. The bond was payable in 18 six monthly instalments which were to fall due in the months of Aghan and Jeth every year. The last instalment fell due on 19th June, 1940. The bond contained three stipulations as follows : 1. If any instalment was not paid then from the date of the default upto the date of payment of that instalment interest at annas eight per cent per mensem was payable on the amount of the instalment;
(2.) if there was any default in payment of two successive instalments the creditor was to have a right to realise the principal and the interest due on those two instalments which remained unpaid; and
(3.) if the creditor so desired he could realise the entire amount of the bond on default of payment of all the instalments. 2. It is the admitted case of the parties that the defendants did not pay any instalment. The present suit was brought by the creditor on and June 1943, that is, within three years of the default of the last instalment claiming the entire amount of the bond with interest. The plaintiffs' case was that the defendants having made default in payment of all the instalments the entire amount of the bond fell due on 19th June, 1940 and so they were entitled to a decree for the entire amount. 3. The main defence taken in the case was that the suit was barred by limitation.;


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