C.M.LODHA, J. - (1.) THIS is a second appeal by the plaintiff Municipal Board, Jodhpur whose suit has been dismissed by both the lower courts of the ground that it is barred by time.
(2.) THE respondent has not appeared in this Court inspite of service of notice upon him, and, therefore, the appeal has been heard ex -prate, Briefly put the facts of the case are that the plaintiff - -Board had given a contract to the respondent Gafoor for removing dead animals within the Municipal limits of Jodhpur for one year from 1.10.1951 to 30.9.52 for a sum of Rs. 12,175/ -which was to be paid in two equal instalments by the end of period of the contract. The plaintiff's case is that the first instalment was paid but the defendant failed to pay the second instalment and conscquently it took steps to recover the amount of the second instalment through the Tehsil, Jodhpur, It is alleged that on 15.9.1952 the defendent made an application to the Board for depositing R. 400/ - in part payment of the instalment due and asked for two months' time to pay the balance -Rs. 2087/8/ -. This application in original has been put on the record and has been marked Ex. 3. Rs. 4000/ - were admittedly paid by the defendant but the remaining amount of Rs. 2087/8/ - was not paid and consequently the plaintiff brought the present suit for Rs. 2087/8/ - as principal and Rs. 112/8/ - as interest, total Rs. '2200/ -.
(3.) THE defendant opposed the plaintiff's suit on a number of grounds, and also pleaded inter alia that the suit was barred by limitation.;