Law:

Section:

(a) Civil Procedure Code (V of 1908)--- -----O.VIII, R. 3---Written statement---Denial of a fact by defendant in his written statement should be specific and not evasive or vague---Evasive or vague denial would be deemed to be no denial. (b) Limitation Act (IX of 1908)--- ----Ss. 19, 20 & Art. 57---Suit for recovery of amount of loan---Overdraft by defendants was sanctioned and drawn on 5-10-1969---Suit for recovery of amount was filed on 19-4-1977---Bar of limitation---Applicability---Plaintiff basing its case on alleged acceptance of liability on 29-4-1974 and deposit of Rs50 on 2-7-1974 towards settlement of loan---Defendant denying such assertion---Effect---Plaintiff had not produced pay-in-slip showing deposit of Rs.50 in the account of defendant to prove, that it was defendant who had deposited the amount---Deposit in any person's account in a Bank through pay-in-slip could be-made by any person, even the Bankers themselves---Mere deposit in one's account by itself would not prove that it was the account holder himself who had deposited the amount---Even if said deposit or alleged acceptance of liability was considered to be an acknowledgement, same could not be covered by provisions of Ss.19 & 20, Limitation Act, 1908, whereby such acknowledgment in writing or payment on account of debt has to be made before expiration of period of limitation---Alleged deposit having been made by defendant after expiry of period of limitation, would have no effect--­Plaintiffs suit being barred by limitation was rightly dismissed. JUDGMENT This Revision Application has been filed challenging the judgment passed by Ist Additional District Judge, Hyderabad in Civil Appeal No. 43 of 1981 whereby the judgment passed by the VIIth Extra-Joint Civil Judge, Hyderabad in Suit No.61 of 1980 was set aside and the suit of the present applicant was dismissed as barred by limitation. Briefly the facts are that the present applicant had filed the said suit for recovery of Rs.11,370 with costs and interest against the present respondent. The case of the applicant/plaintiff is that the present respondent/defendant maintained Account No-CD-2268 with the applicant Bank and there…

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