( 1 ) THIS is an appeal by the sole defendant in O. S. 74 of 1959, which was decreed in favour of the plaintiff.

( 2 ) THE plaintiff is a firm of auctioneers. It acted as the auctioneer for the Government of India during the period from October 194 5/11/1946. As security for the proper discharge of its functions, the firm deposited a sum of Rs. 11,000 with the Government of India in or about the end of October 1945. There was settlement of accounts about the middle of the year 1947 at which a sum of Rs. 4398 was found due to the said Government. The plaintiff-firm has laid the suit on 7-12-1959 for the recovery of Rs. 6,602 being the balance of deposit amount after deducting Rs. 4,398 due to the Government. The amount was claimed with interest at 12 per cent from the date of suit. The facts were not disputed by the defendant, the Union of India, represented by its Secretary in the Department of Supply. But the suit was contested on the question whether it was in time. That was the only issue in the suit. The learned Fourth Additional Judge, City Civil Court, Hyderabad held that the suit was governed by Article 145 of the Indian Limitation Act and was in time as so he