“ 7. It is seen that by the suit plaintiff seeks recovery of Rs. 4,89,35,000/advanced by the plaintiff to the defendant no. 1. Plaint, in my opinion, deliberately does not give the dates when the different amounts totaling to Rs. 4,89,35,000/- were advanced, inasmuch as, factually it is seen that the amount which totalled to a sum of Rs. 4,89,35,000/- by the plaintiff in favour of the defendant no. 1 are with respect to drawing of entries commencing from the year 2008 with the last entry being dated 17.11.2012, and as seen from the copy of the account filed by the plaintiff as a document. The present suit is admittedly filed on 19.11.2015 i.e., well beyond the period of the last entry, taking the same reflecting advance made by plaintiff to defendant no. 1, which is actually dated 19.10.2012. In law, once there is no date fixed for repayment of the loan, a period of three years of limitation commences from the date of grant of loan as per Article 19 of the Limitation Act, 1963. With respect to loans given of the year 2008 the suit is barred by limitation because it had to be filed by the year 2011 and considering even all the entries by which loans have been given by the plaintiff to the defendant no. 1, and the last entry of payment to the defendant no. 1 being dated 19.10.2012, the present suit which is filed on 19.11.2015 is in fact beyond three years of the last entry, what to talk of earlier entries which are of around 4-8 years earlier. Therefore, the suit is also otherwise barred by limitation.”
