Law: Indian Limitation Act (1X of 1908)

Section: 85

a) Limitation Act (IX of 1908) Art. 85--Mutual open and current account-Respondent and appellant dealing with each . other in two different capacities, viz. principal and agent, and seller and purchaser and each haying demands against other: Respondent having demands Ads price of goods sold on credit to appellant and appellant having demands against respondent on account of commission of sales made on its behalf as well as incidental expenses incurred on such sales Such dealings for two distinct contractual relationships, held, created reciprocity of accounts between parties and showed maintenance of a mutual, current, and open account. Robert Cotton Associates Ltd., Khanewal v. Khan Karam Hussain Khan and 2 others P L D 1972 S C 109 ref. (b) Limitation Act (IX of 1908)  Art 85--Mutual open and current account-Limitation-Appellant not pleading entries in disputes to be fictitious or manipulated to extend -limitation of suit-Suggestion of respondent having raised debit entries .against itself by such entries to tune of more than Rs. 45,000 - Ridiculous - Genuineness of entries not disputed by appellant and appellant's contention merely being such entries being unauthorised and accordingly not extending limitation period-Mutual open and current account never settled between parties until security deposit of appellant deducted by respondent in its claim in plaint filed in suit Account is settled at any earlier time, appellant likely to have rely demanded refund or adjustment or security deposit but such never done--Mutual open and current .account, held, existed between parties and as such limitation reckoned from5last entry brought respondent's suit within time. Dates-of hearing: 22nd -and ~30th-January, .1,980,                                                                                                        JUDGEMENT NASIM HASAN SHAH, J:-This appeal by special leave is directed against the…