Judgement

Appeal (No. 23 of 1924) from a decree of the Court of the Judicial Commissioner of Oudh (September 22, 1922) reversing a decree of the Subordinate Judge of Bahraich (July 6, 1920).

The suit was brought in 1917 by the appellants against the respondents for partition.

Both Courts in India held that the property was joint and that it was not governed, as was pleaded, by a custom of impartibility and primogeniture.

The sole question on the appeal was whether the suit was barred by the Indian Limitation Act, 1908, Sch. L, art. 127. The Subordinate Judge held that it was not, but on appeal to the Court of the Judicial Commissioner it was held that the suit was barred.

The facts and the terms of art. 127 appear from the judgment of the Judicial Committee.

1926. May 18, 20. De Gruyther K.C. and Dube for the appellants.

The respondents did not appear.

July 1. The judgment of their Lordships was delivered by

LORD ATKINSON. This is an appeal from a judgment and decree dated September 18, 1922, of the Court of the Judicial Commissioner of Oudh, which reversed a judgment and decree dated July 6, 1920, of the Subordinate Judge of Bahraich. The main question for determination on this ap