1983 (10) TMI 292

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....is that on 1-4-71, the defendant took a loan of Rs. 3,000/- executing a promissory 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 w....

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....Judge and dismissed the appeal with costs. 6. In this Second Appeal, the 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....

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.... suit. Hence the plaint filed was returned to the plaintiff on 4-4-74. The 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 pe....