1. ' This is an application under Order VII, rule 11, C.P.C. Praying that the plaint be rejected as it is patently barred by time. In the counter-affidavit filed by the plaintiff, the contents have been denied, and it has been stated that the suit is within time. According to the averment made in the plaint, the defendant has an account with the plaintiff Foreign Exchange Branch. Loan/cash credit over draft facility was first granted on 1-6-1965 against pledge of share and Defence Saving Certificate. The defendant utilized the said facility and confirmed and acknowledged his liability by executing a collateral security i.e, Demand Promissory Note, dated 9-7-1968 for 18,734.83, a delivery letter and letter of lien, and letter regarding pledge of goods were also executed on 9-7-1967. On 23-4-1969, the defendant pledged 100 shares of United Bank Ltd., with the plaintiff. This fact was communicated by the plaintiff on 11-8-1969, and a list of shares was also given and notified by the Bank that it was holding security in its possession. According to the plaintiff, the defendant acknowledged his liability on 9-8-1969 and on 3-3-1970. On 21-9-1972 the plaintiff notified the number of shares and certificate held as security for the loan advanced to the defendant as desired by the defendant's letter, dated 20-9-1972. On 10-1-1974 the plaintiff disposed of part of security which was credited to the defendant's account on 16-1-1974. There were other securities left with the plaintiffs which have been specified in paragraph 8 of the plaint. Reference has been made to the defendants letter, dated 1-10-1974, and the reply of the plaintiffs, dated 3-10-1974. The defendant's letter, dated 1-10-1974 reads as follows:- "I shall be grateful if you will supply to me the complete list of securities held by you in my above- mentioned account as on 31-8-1974."
2. ' This letter was replied by the plaintiff intimating the defendant about the securities held by it and also the fact that Rs,28,813.89 was due on that date. Thereafter, according to the averments made in the plaint, the plaintiff holds the securities mentioned in para. 8 of the plaint which are insufficient and that the plaintiff has called upon the defendant from time to time to repay the outstanding amount, but the defendant failed to do so. The plaintiff has claimed Rs,60,399.69 including interest up to 31-3-1980. A copy of the statement of account has been filed which shows that from September, 1974 right up to 31-3-1980 there are only debit entries towards the interest. In paragraph 11 of the plaint, the plaintiff has stated that cause of action first arose on 1-6-1968 thereafter on several dates including the date when sale proceeds of the share were appropriated and on 1-10-1974 when the A defendant asked for particulars .Of securities. There is no averment or facts stated to show that after 1-10-1974 the defendant had at any time admitted the liability or paid any money to the Bank, due to which the period of limitation may be extended. From the averments made in the plaint it is clear that suit filed in 1980 is patently time-barred. The plaint is rejected.