JUDGMENT - Nain, J.

1. This is a second appeal from the judgment and decree dated 14th March 1961 of the learned Assistant Judge, Kolhapur, allowing the defendants appeal and dismissing the suit of the plaintiff on the ground of limitation.

2. The plaintiff had filed the suit from which this appeal arises in the court of the learned Civil Judge, Senior Division, Kolhapur, for recovery of a sum of Rs. 1,319-8-6, interest and costs on the following facts: Messrs. Dhavate and Rote had filled in a tender for supplies with the Director of Civil Supplies, Kolhapur State. The tender was accepted by two letters dated 9th November 1944 and 8th January 1945. Under the terms of the contract, 10% of the amount payable to Messrs. Dhavate and Rote was to be deducted and paid to them on completion of the contract. The contract was completed in the year 1946. Kolhapur State thereafter merged in the then State of Bombay and was later succeeded by the State of Maharashtra. By a letter dated 27th May 1949 the Civil Supplies Department, Kolhapur wrote to Messrs. Dhavate and Rote informing them that a sum of Rs. 2,079-9-1 was due to them and asking them to send a receipt signed jointly by Dhavate and Rot

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