JUDGMENT - Gatne, J.

1. The appellant who was the plaintiff in the Court below has a grievance against the order passed bv the Joint Civil Judge, Senior Division, Akola, on August 9, dismissing his suit as being barred by limitation.

2. The suit in question was based on a pro-note dated September 11, 1957. The pro-note in question was said to have been executed bv the first defendant for himself and as manager of the joint family consisting of himself and defendant No. 2, in plaintiffs favour for a sum of Rs. 12,500/-. The amount claimed in the suit on the strength of this pro-note from both the defendants was Rs. 14,750/-. The period of limitation available for a suit to enforce the payment of pro-note being three years, the plaint in question was required to be filed in the Court on September 11, 1960. But since that happened to be a Sunday, the plaint was actually presented on the following day when the Court re-opened after the week-end i.e., on September 12. 1960. It was not, however, presented during Court hours or on the court premises. What happened was that the plaintiff presented the same to the Clerk of the Court at his residence at 10.15 p.m. The plaint was entertained by

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