Judgement

Appeal (No. 46 of 1938) from a decree of the High Court (April 14, 1937) which had reversed a decree of the Senior Subordinate Judge of Jhelum (June 9, 1936).

The dispute in this appeal was in relation to the recovery of a sum of Rs. 11,463-8-0 on the basis of a promissory note, dated February 4, 1930, for Rs. 18,500, executed by the respondent, Lal Chand, a timber merchant, in favour of the appellant, Rama Shah, a banker, and the main question for determination was whether the suit for the recovery of the money was barred by limitation.

The facts and the relevant statutory provisions appear from the judgment of the Judicial Committee.

The trial Court held that the suit was not barred by limitation, and that the plaintiff (appellant) was entitled to recover the amount from the defendant (respondent).

On appeal, the High Court (Dalip Singh and Skemp JJ.) held that the suit was barred by limitation, and they reversed the decision of the Subordinate Judge.

1940. Jan. 26, 29, 30. L. P. E. Pugh K.C. and Chinna Durai for the appellant. The case was based on a promissory note, dated February 4, 1930, for Rs. 18,500. On January 24, 1933, within a few days of the period of limitat