Allahabad Court January 1908 Judgments

Kunjal Vs. Ajudhia and ors. and Gauri Shankar and anr.

Court: Allahabad

Reported in: (1908)ILR30All123

George Knox and Aikman, JJ.1. On the 3rd of August 1891 the father of the first four defendants executed a bond payable by instalments in favour of one Kashi Prasad, father of the remaining defendants. The bond contained a provision that in default of the payment of any one instalment it would be within the power of the creditor (mahajan mazkurko ikhtyar hogo) to sue for the whole amount due under the bond without waiting for the period provided for the payment of other instalments. The present suit is for the recovery of three instalments due under the bond. The Munsif held that the suit was barred by the provisions of Article 75 of Schedule II to the Indian Limitation Act, and dismissed the suit. The suit, we may here observe, was not for the enforcement of the option given by the bond, whereby the creditor could claim the whole amount unpaid. The plaintiff appealed. The learned Subordinate Judge in a very able judgment held that the claim was not barred. The defendants come here in ...