SANJIB BANERJEE,J. - (1.) The appeal is not only unmeritorious but it borders on the absurd. It is incomprehensible as to how two sets of parties engaged in an adversarial litigation without the defendant asking the plaint to be thrown out since it did not disclose any claim which could be pursued and was ex facie barred by the laws of limitation.
(2.) It was a complete waste of time that two witnesses were examined by the plaintiff and another two by the defendant bank before the money claim was defeated on the ground of limitation.
(3.) The voluminous plaint runs into some 50 pages or so. Paragraph 37 of the plaint is of relevance: "37. No part of the plaintiff's claims and/or causes of action herein is barred by laws and limitation in as much as the disputes, claims and entitlements of the plaintiff made herein were made subjudice by the defendant in the year 1997 in O.A. No. 37 of 1997 filed before the Learned Debts Recovery Tribunal, Kolkata - II which terminated only on 18.12.2008 when the Learned Tribunal by a Judgment dismissed defendant's T.A. No. 601 of 2001 arising out of O.A. No. 37 of 1997 and upon such dismissal claims and entitlements of the plaintiff have since crystalised and stood admitted by and against the defendant entitling the plaintiff to recover the claims made herein. Further by reasons of findings of this Hon'ble Court made in W.P. No. 2980 (W) of 1997 and by the Learned Tribunal in T.A. No. 601 of 2001 arising out of O.A. No. 37 of 1997, amount of claims made by the plaintiff herein are held by the defendant in trust for and on behalf of the plaintiff and the defendant is liable to pay reimbursed (sic.) the same to the plaintiff upon demand made by the plaintiff under Advocate's notice on 16.05.2008. Further by exchange of notice of demand of the plaintiff dated 16.05.2008 and reply thereto of the defendant dated 09.06.2008, there existed a jural relationship between the defendant and plaintiff as debtor and creditors respectively. Thus the suit I filed well within the period of limitation." ;