Viscount Dunedin. -

These three suits have been consolidated and they have all been decided on the same plea by the learned Judges of the High Court at Lahore, but in truth they are in a different position, because the first suit was brought before the expiry of two years and the other two suits were not brought until the expiry of the two years, in other words, the first suit is not hit by the limitation of Art. 36 of the First Schedule of the Limitation Act, which reads as follows :

For compensation for any malfeasance, misfeasance or non feasance, independent of contract and not herein specially provided for, limitation two years.

But the two other suits are hit and therefore in so far as the two latter suits were dismissed, the judgment was right, although their Lordships do not think it went upon the right ground, be cause it was put upon Art. 2 of the Limitation Act, instead of upon Art. 36. The first suit, however, was brought within two years, and, therefore, so far as limitation is concerned, it is either hit under Art. 2 or not at all. Art. 2 is : For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment for the time being in Britis