Banerji, J.

1. This appeal is on behalf of the defendants against whom a suit for money was partly decreed and the decree was affirmed by the. Court of appeal below.

2. Shortly, the plaintiffs case was that one Babu Banwari Lal Arora was the Manager of the Khadga Vilas Press, Patna, owned by the defendants, on a salary of Rs. 100.00 per month. His salary from March 1941 to the 13th of September, 1941, was not paid by the defendants who were also liable to pay Rs. 100.00 to the said Manager for the fines that were realised from him on account of alleged violation of cases under the Factories Act and under the Payment of Wages Act. The Manager died after making a will in favour of the plaintiff who was also entitled to recover a sum of Rs. 28A, being his own salary for the month of August 1941. The probate of the will was taken in due course, and the plaintiff sued for a sum of Rs. 1013/3/- on 10-8-1944.

3. The defendants, proprietors of the Khadga Vilas Press resisted the action on the grounds that the suit was not maintainable as the jurisdiction of the Civil Courts was ousted by the provisions of Sec.22, Payment of Wages Act (Act 4 of 1936); that it was barred by limitatio