ORDER :-This revision application raises a question of limitation. The plaintiff and defendant No.2 on the one hand and defendant No.1 on the other paid to the Sangli State assessment in the sum of Rs.582-6-4. The plaintiff and defendant No.2 paid a moiety as they were liable to pay and defendant No.1 paid the other moiety. On June 4, 1938, the Sangli State ordered that this amount of assessment which was paid should be refunded, and instead of refunding half to plaintiff and defendant No.2 and the other half to defendant No.1, the State refunded the whole amount to defendant No.1. On April 6, 1943, the plaintiff filed the suit claiming on his behalf and on behalf of defendant No.2 the half share, viz, Rs.291-3-2. The trial court dismissed the plaintiffs suit holding it was barred by limitation. The learned District Judge who has reversed the decision held that the suit is in time and decreed it, and the question that arises is whether the suit is governed by Art.62 or Art.120. If it is governed by art.62, then it is out of time. If it is governed by Art.120, then it is within time.

2. A preliminary objection is taken by Mr. Hungund that no revision appliction lies because