AIR 1997 GUJARAT 48 ::1997 (2) Civ LJ 346 ::(1998) 1 CivilCourtC 272 ::(1997) 1 BankCLR 223 ::(1998) 2 BankCas 23 ::(1997) 2 BLJ 584 ::1997 BLJR 1 592 ::1998 (93) Com Cas 318 ::1997 (1) GujLH 260 ::(1997) 1 Pat LJR 674 ::(1997) 4 LandLR 547 ::(1998) 35 BankLJ 221

Gujarat High Court

Hon'ble Judge(s): Y. B. Bhatt , J

(A) Limitation Act (36 of 1963) , S.18— Bank loan - Recovery of Limitation - Computation - Recitals in plaint that there are confirmations of debit balance by debtor before expiration of limitation and such confirmation amounted to acknowledgement extending period of limitation - Court however failing to take one confirmation into consideration as confirmation had not been specifically referred to with reference to its date in plaint - Not proper - Recitals pertained to grounds and not to specific and precise facts - Requirements of Order 7, Rule 6 read in context of Order 6, Rule 2, it becomes clear that plaintiff has to plead principle on which he claims exemption from period prescribed in law of limitation in the context of Section 18 of Limitation Act and not specific evidence on which such claim is to be ultimately established. Civil P.C. (5 of 1908) , O.6 R.2, O.7 R.6— (Para 14) (B) Limitation Act (36 of 1963) , Art.19— Recovery of loan - Limitation for against principal debtor and guarantor - It is the same. (Para 18) (C) Contract Act (9 of 1872) , S.126— Recovery of loan - Suit against principal debtor and guarantor - Security in the form of hypothecated go....