THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3006 of 2008 (Dated : 03-12-2010) Between: Sri Sai Ram Financiers Mahabubnagar ….Petitioner A n d Smt. Ramakala and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3006 of 2008 ORDER: This revision is directed against the order dated 3.5.2008 passed in O.S.SR.No.999 of 2008 on the file of Senior Civil Judge, Mahabubnagar, whereby and whereunder the learned Senior Civil Judge rejected the plaint on the ground that the suit is barred by limitation. 2. The petitioner is the plaintiff and respondents are the defendants in the suit. The plaintiff filed the suit for recovery of a sum of Rs.7,62,750/- basing on a pro note dated 10.3.2005 and also loan document dated 10.3.2005. Paras 2 and 3 of the plaint read as hereunder:- “ That on 10-3-2005 the defendants No.1 and 2, being wife and husband, jointly approached the firm for financial assistance for their family needs and upon explaining the terms and conditions of the firm and having admitted by the defendants, they have applied for loan of Rs.5,00,000/- (Rs.Five Lakhs only) for short period of (24) days only and then the plaintiff firm advanced the amount of Rs.5,00,000/- to the defendants on the same day and the defendants have executed all relevant documents of pronote, cash receipt etc. The defendants 1 and 2 have agreed to pay interest @ 18% p.a. But, the defendants failed to repay the amount within agreed time. The plaintiff firm made several requests for repayment of amount. But, the defendants postponing the payment on one or other pretext.” 3. At last, on 18-2-2008 the defendant No.1 issued a cheque for Rs.7,62,500/- including interest as on the date and the plaintiff firm preserved the same in its account for clearance, but, the cheque was dishonoured, on which, a notice has been issued to the defendant No.1 demanding for the repayment of the amount”. 4. The learned Senior Civil Judge proceeded to reject the plaint on the ground that the suit claim is barred by limitation, by order dated 3.5.2008. The said order is assailed in this revision. 5. Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents-defendants. 6. Learned counsel appearing for the petitioner submits that the suit is based not only on pro note but also on loan document dated 10.3.2005. As per the loan document, the amount is payable after expiry of 24 days from 10.3.2005. Therefore, the amount becomes due on 3.4.2005 and as the suit is filed on 14.3.2008, the same is within limitation. He placed reliance on the judgments of this Court in Kotapati Ramalakshi @ Radhi v. Doneparthi Hymavathi[1], Commissioner, Rajahmundry Municipality, Rajahmundry v. Pullela Venkata Rao[2] and a decision of the Supreme Court in Kamala v. K.T.Eswara Sa[3]. 7. Learned counsel appearing for the respondents- defendants supported the order impugned in the revision. Learned counsel would submit that the suit is based on the pro note dated 10.3.2005 and as the suit is filed after three years period, the trial Court is justified in rejecting the plaint. In support of his submissions, reliance has been placed on the decision of this Court in Kotha Dhanalakshmi v. Bandi Sreenivasulu Reddy[4]. 8. I have gone through the order impugned in the revision. The respondent filed the suit basing on the pro note dated 10.3.2005 and the loan document dated 10.3.2005. In para 3 of the plaint , it is stated that the defendant No.1 issued a cheque for Rs.7,62,750/- on 18.2.2008 and the cheque came to be dishonoured. The learned Judge, without going into the plaint averments proceeded to reject the plaint on the ground that the suit claim is barred by limitation. Hence, the order impugned in the revision is set aside remanding the matter back to the trial Court for passing orders afresh after considering the plaint averments and on hearing the counsel appearing for the parties. 9. Accordingly, the Civil Revision Petition is allowed. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.03-12-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.3006 of 2008 (Dated : 03-12-2010) [1] 2009(4) ALD 655 [2] 1997(6) ALD 572 [3] 2008(4) ALD 24 (SC) [4] 2009(5) ALD 332