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of <h1>Court awards plaintiff in recovery suit, rejects time-barred defense, upholds acknowledgment of debt through post-dated cheques.</h1> <h3>S. Jahaber Kassim Versus Sukhversha</h3> S. Jahaber Kassim Versus Sukhversha - TMI Issues:1. Recovery of money suit filed by plaintiff against defendant for breach of trust and non-repayment.2. Defendant's denial of execution of promissory note and claim of suit being time-barred.3. Examination of evidence and legal arguments regarding limitation period and acknowledgment of debt through post-dated cheques.Analysis:1. The plaintiff filed a suit against the defendant for recovery of money amounting to Rs. 10,00,000 entrusted for investment, with the defendant issuing a pronote and post-dated cheques. The defendant denied the execution of the pronote and claimed the suit was time-barred as it was filed after 8 years. The court framed issues on entitlement, limitation, and cause of action.2. Evidence presented included the plaintiff's testimony, documents, and the defendant's denial and arguments. The court decreed the suit in favor of the plaintiff for Rs. 5,00,000 with 9% interest, leading to the defendant's appeal.3. The defendant argued the suit was time-barred under the Limitation Act, citing the date of pronote execution and cheques issuance. However, the plaintiff contended that the acknowledgment of debt through the cheques extended the limitation period. The court found the suit timely filed based on the acknowledgment of debt through the cheques, rejecting the defendant's appeal and upholding the lower court's decision for payment of the principal amount with interest.
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