S. S. GANGULY, J. ( 1 ) THIS is an appeal from the judgment and decree passed by the learned Assistant District Judge, Siliguri in Money Suit No. 36 of 1981. ( 2 ) IT appears that the appellant lent certain amounts of money from the respondent, the details of which may be given as below :sl. No. Date amount1. 9-9-77 rs. 50,0002. 20-11-77 rs. 30,0003. 29-11-77 rs. 20,000. 13-10-79 rs. 30,0005. 31-12-79 rs. 21,000 ( 3 ) THE appellant admits the borrowing of above amounts on the dates mentioned above and it further admits that it agrees to pay interest 18% p. a. While admitting liability for the first, fourth and fifth loans the defendant denies liability on account of the second and third loans on the plea that this became barred by limitation. Hence, the suit was filed. The learned Trial Judge overruled the defendant's plea and decreed the suit in toto as prayed for. Hence, this appeal. ( 4 ) IT is urged before us that the learned Judge ought to have considered the second and third loans as separate transactions as well as the other three loans and treating the second and third loans as separate transactions ought to have held that the suit for recovering the amounts covered by those two loans were barred by limitation. In this connection it is pointed out that whereas the second and third loans were taken on 20-11-77 and 29-11-77 the suit was filed on 14-12-81, i. e. , long after the period of limitation. ( 5 ) IN coming to his conclusion with regard to the dispute as to whether the second and third loans were barred by limitation, the learned Trial Judge places his reliance upon two statements of account accepted by the appellant. The first of these which is described as confirmation of loan shows loan transactions made between the appellant and the respondent during the year 1978-79 (Ext. 1 ). It was sent by the appellant to the respondent. From this letter of confirmation it appears that a sum of Rs. 100,720. 75 was carried over as balance from the previous namely, the accounting year of 1977-78. It will be seen that the first three loans which were made in September and November 1977 come to Rs. 100,000. 00.
It was sent by the appellant to the respondent. From this letter of confirmation it appears that a sum of Rs. 100,720. 75 was carried over as balance from the previous namely, the accounting year of 1977-78. It will be seen that the first three loans which were made in September and November 1977 come to Rs. 100,000. 00. It is obvious, therefore, that the two disputed loans were included within the amount of the aforementioned carried over balance amount of Rs. 100,720. 75. This letter of confirmation also contends payments of various amounts by way of interest from the side of the appellant to the side of the respondent. It appears that at the end of the year the balance against the appellant stood at Rs. 101,109. 56 and that this amount was carried over to the account of the accounting year of 1979-80. On account of that year also a letter of confirmation of loans was sent by the appellant to the respondent (Ext. 1a ). The fourth and fifth loans were also shown in this letter against the dates ,on which they were made. It becomes quite clear therefore, that the second and the third loans were acknowledged by the appellant till at least the end of the accounting year of 1979-80. Since the suit was filed in December 1981 the disputed second and third loan transactions cannot, therefore, be held to be barred by limitation. The decision of the learned Trial Judge in this regard must, therefore, be confirmed. ( 6 ) A prayer is made from the side of the appellant for instalments in case its plea of limitation is rejected. It appears that the Id. Trial Court granted the appellant eight quarterly instalments to pay off the entire decreetal dues. Considering the circumstances we are also inclined to do that in the circumstances stated it is hereby ordered that the appeal is hereby dismissed on contest with costs to the respondent which hereby assessed at Rs. . . . . . . . . . The appellant is hereby given eight equal quarterly instalments to pay off the balance of the decreetal dues together with future interest till realisation, the first of such instalments shall be paid before the expiry of 31-12-90 and the other instalments thereafter within the months of March, June, Sept. and Dec.
. . . . . . . . . The appellant is hereby given eight equal quarterly instalments to pay off the balance of the decreetal dues together with future interest till realisation, the first of such instalments shall be paid before the expiry of 31-12-90 and the other instalments thereafter within the months of March, June, Sept. and Dec. one after another regularly till the entire amount is paid up. In default of payment of anyone of such instalments the entire balance shall become recoverable at once. ( 7 ) MANABENDRA NATH ROY, J, I agree. Appeal dismissed.