TMI Blog1983 (10) TMI 292X X X X Extracts X X X X X X X X Extracts X X X X ..... missory note in favour, of the plaintiff agreeing to pay an interest of 12 per cent per annum. As no part of the loan or the interest accruing thereon was repaid by the defendant, the plaintiff filed the suit for realisation of his dues. 3. The defendant's case, in short, was that he had paid back the loan together with interest as agreed to in presence of several gentlemen and the plainti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e defendant-appellant challenges the correctness cf the judgments of the Courts below on several grounds, out of which, ground No. 5, was considered to be a substantial question of law at the tirnc of admission. In ground No. 5, the appellant challenges the finding of the Courts below on the question of limitation. 7. The promissory note on the basis of which the suit has been filed was execute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaintiff after taking return of the plaint filed it in the Court of the Subordinate Judge, Berhampur, on the very same day i. e. on 4-4-1974. 9. The last day for filing of the suit was 1-4-74. By operation of Section 4, Limitation Act, it became a holiday. Section 4, Limitation Act, provides that where the prescribed period for any suit, appeal or application expires on a day when the Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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