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2015 (2) TMI 1269 - HC - Indian LawsSuit for recovery of money - time limitation - whether the suit claim is barred by limitation in the light of Exs.P4 and P5 documents? Held that: - Sec. 3 of the Limitation Act provides that it is the duty of the Court to dismiss any suit instituted, appeal preferred or application made after the prescribed period although the limitation has not been set up as a defence. 11.2. The proposition laid down in the above case cannot be disputed. It is settled proposition of law that the acknowledgment of liability should be made before the expiry of the period of limitation and that if it is beyond the period of limitation, it is of no use to the plaintiff. Apart from that, it is also the duty of the Court to find out whether the suit claim is barred by limitation or not, de hors the plea being raised by the other side. Doubtlessly, it is the duty of the Court to look into the aspect of limitation and to reject the plaint, if the claim is barred by limitation - we hereby extend the limitation and agree and undertake to repay the sum of rupees twenty five lakhs. Under Ex.P-5 four cheques have been issued. But proof has been placed to show that only three cheques have been dishonored (Exs.P-6 to P-8). When this was pointed out the learned counsel for the plaintiff submitted that the defendant has paid a sum of ₹ 10,00,000/- and the balance due is only ₹ 15,00,000/-. Therefore, the suit has to be decreed for a sum of ₹ 15,00,000/-, even though as per Ex.P5 the liability is ₹ 25,00,000/-. Suit is partly decreed.
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