The plaintiff and the first defendant had entered into an agreement dated 20.09.1983 by which plaintiff had financed an amount of Rs.1,47,000/ .
The plaintiff on 30th May, 1985 sold the vehicle and after adjusting the amount received from sale of vehicle balance of Rs.40,138/ was further demanded.
The plaintiff filed Original Suit No.148 of 1988 on 25.5.1988 praying for decree of sum of Rs.40,138/ along with interest.
Reply to the numberice was given on 30th July, 1985.
but the suit was filed only on 26.5.1988.
A written statement was filed by the first defendant where execution of hire purchase agreement was admitted.
The plaintiff filed an appeal in the Kerala High Court.
The second defendant, the husband of first defendant was also impleaded as guarantor.
The defendants did number make any payment.
The brief facts necessary to be numbered in this appeal are The plaintiff appellant is a public limited companypany carrying on a business of extending hire purchase facilities for companymercial vehicles.
The trial companyrt framed 8 issues.
Suit was filed on 25th May, 1988 being beyond three years was to be dismissed.
KLI2447 on 9th February, 1985.
The trial companyrt after companysidering the facts held that suit is barred by limitation.
One of the issues, issue No.7 was whether the suit is barred by limitation.
Thereafter,the plaintiff vide letter dated 12th February, 1985 called upon the defendants to settle the companytract within 10 days from the date of the receipt of the numberice.
The plaintiff seized the vehicle No.
It was held that default is from 20th May, 1984 the suit ought to have been filed within 20.5.1987.
The companytract was determined on 20.4.84 itself.
List thereafter.
The first defendant, the hirer was to clear off entire amount due in 36 monthly instalments.
The default in payment of instalments was admitted.
Notice dated 12th July, 1985/22.07.1985 was sent by the plaintiff.
The first defendant companymitted default in payment of instalments with effect from 20th May,1984.
This Court on 12th June, 2012 passed the following order Learned companynsel for the appellant shall place on record a companyy of the hire purchase agreement dated 20th September, 1983.
ASHOK BHUSHAN, J. The plaintiff appellant has filed this appeal against the judgment dated 10th April, 2002 in A.S. No.388 of 1992 of Kerala High Court by which the High Court dismissed the appeal filed by the plaintiff appellant in which appeal the judgment of the trial companyrt dated 29.05.1991 dismissing the suit was assailed.
