Judgement

Appeal from a judgment and decree of the High Court (February 26, 1915) affirming a decree of the first Subordinate Judge of Midnapur.

The suit was instituted by the appellant against the respondent on May 31, 1912, for a declaration that two conveyances of immovable property dated June 7, 1890, and February 11, 1901, respectively were not binding upon her, and for possession of the properties. The facts appear from the judgment of their Lordships.

The first of ft large number of issues settled was, "Is the suit barred by limitation?" The Subordinate Judge ordered that issue to be tried first under Order XIV., r, 2 of the Code of Civil Procedure. He held that the suit was barred whether it fell within art. 142 (as he held that it did), or within art., 144 of Sched. I. of the Indian Limitation Act, 1908.

The High Court upon appeal affirmed the decision, Save as to two villages which had been conveyed within twelve years of the suit being commenced.

88 Law Rep. 46 Ind. App. 60 ( 1918- 1919) Rani Kuar Mani Mandhata V. Nawab of Murshidabad

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1918. Nov. 7, 8. De Gruyther K.C., and H. N. Sen for the appellant. Time did not run against the suit while the property was under the