Judgment -Chagla, C.J.

1. This is an appeal from a Judgment of Mr. Justice Coyajee who dismissed the plaintiffs suit on the preliminary issue of limitation.

2. The plaintiff alleged in the plaint that the defendants employed him as their commission agent to enter into transactions in various commodities in the Samvat Year 1993-1994 (i.e. 1936-37) and that he acted as their commission agent upto 1938-39. The accounts between the plaintiff and the defendants upto Samvat Year 1994 were according to the plaintiff made up and adjusted on the 4th August, 1937. There were further transactions between the parties and the suit is in respect both of the adjustment and the subsequent transactions.

3. Now, there is no dispute that prima facie the suit is barred. The suit was filed on the 24th January, 1953 in respect of transactions which were completed in 1939. The plaintiff sought to bring the suit within time by relying on Section 13 of the Limitation Act and his averment in para 9 or the plaint was that the defendants were residing and carrying on business at Madhavpur in Jaipur State, a foreign territory upto 26th January, 1950. It is also not disputed that if this period was to be excluded

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