This is an application under Order VII Rule 11 of the Code of Civil Procedure,
1908 (in short ‘CPC’) filed by the sole defendant in a suit for recovery of money
said to have been lent and advanced. The defendant has attacked the plaint
mainly on three following grounds:-
i) According to the averments in the plaint the money provided to
the defendant is spread over several years i.e. between 2009 and
2016. The last amount was advanced in 2016. Each
disbursement, according to the defendant, amounts to separate
transaction and cannot be said to be part of a single transaction
on the basis of the averments in the plaint. The defendant also
says that the plaint is silent as to when the money given as loan is
to be returned. It only speaks of payment of interest after each
four months. The money which has been lent prior to 2016 on
having not been repaid is clearly hit by the provisions of
Limitation Act, 1963 since they are separate and independent
transaction. The plaintiff cannot claim recovery of such amount;
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