Punjab-Haryana High Court
Punjab National Bank vs M/S Rakha Ram Sat Pal And Others on 27 August, 2010
Author: Mahesh Grover
Bench: Mahesh Grover
RSA No. 293 of 1985 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA No. 293 of 1985
Decided on : 27-08 2010
Punjab National Bank
....Appellant
VERSUS
M/s Rakha Ram Sat Pal and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.H.N.Mehtani, Advocate for the appellant.
None for the respondents MAHESH GROVER, J The suit of the appellant for recovery was dismissed on the ground that it was barred by limitation qua defendant no.3 who is guarantor. The plea raised was that since the principal debtor has acknowledged the debt by way of an acknowledgment it extends limitation against the surety i.e.defendant no.3 and therefore, the suit could not have been held beyond limitation. Both the Courts below while relying on the judgment of this Court titled as Dr. V.S.Behal versus M/s S.L. Kapur reported as AIR 1956 Punjab 21' have held the suit to be beyond limitation.
Learned counsel for the appellant has placed reliance on the judgment of the Kerala High Court titled as The Wandoor Jupiter Chits (P) Ltd (in Liquidation) vs. K.P.Mathew and another AIR 1980 Kerala 190 .
However, I do not find any legal infirmity in the impugned RSA No. 293 of 1985 2 orders as they are based on the law as propounded by this Court in Dr. V.S.Behal's case (supra) and has rightly been appreciated.
Hence, dismissed.
August 27, 2010 (Mahesh Grover) rekha Judge