Judgement

A. K. SARKAR, J.: This appeal arises out of a suit filed in the High Court of Jammu and Kashmir for recovery of price of goods sold and delivered. The only point involved in it is whether the suit was governed by Art. 115 of the Jammu and Kashmir Limitation Act. The courts below have held, and this has not been disputed in this appeal, that if that article did not apply, the suit would fail on the ground of limitation.

2. Sometime in November 1946 the parties entered into an agreement in writing for the supply, by the sellers, the respondents, to the buyer, the appellant, of 5,000 maunds of maize, 500 maunds of wheat and 100 maunds of Dal at the rates and times specified. The agreement stated that on the date it had been made the buyer had paid to the sellers as, 3,000 and had agree to pay a further sum of Rs. 10,000 with ten or twelve days as advance and the balance due for the price of goods delivered after the expiry of every month. It is admitted that the said sum of Rs. 10,000 was later paid by the buyer to the sellers.

3. Various quantities of goods were thereafter delivered by the sellers to the buyer and though such deliveries had not been made strictly at the times