JUDGMENT - 1. A short but interesting question about the applicability of Section 14 of the Indian Limitation Act, 1908, arises in this second appeal.

2. The Appellant before me is the original Defendant in Regular Civil Suit No. 245 of 1961 and the Respondent to this second appeal is the original Plaintiff. The said suit was tried by the learned Joint Civil Judge, Junior Division, at Malegaon, who dismissed the same with costs. Being aggrieved by the order of dismissal, the Plaintiff preferred an appeal to the District Court at Nasik, which was numbered as Civil Appeal No. 11 of 1963. The Defendant had also preferred cross-objections which were heard along with that appeal by the learned District Judge, Nasik, who by his order dated 15th June 1964 allowed the appeal and set aside the decree of the trail Court dismissing the Plaintiffs suit. The Defendant was ordered and decreed to pay to the Plaintiff Rs. 6, 536/12/- along with proportionate costs and future interest on Rs. 4,000/- from the date of suit till realisation. The Defendants cross-objections were dismissed with no order as to costs. Being aggrieved by this decision, the Defendant has preferred this second appeal to the H

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