N.L.Untwalia, J.

1. This is an appeal under Clause 10 of the Letters Patent by the plaintiff company -- Rohtas Industries Ltd. -- from the judgment and decree dated the 17th November, 1958, passed by a learned single Judge of this Court in First Appeal 541 of 1951, whereby the plaintiff-appellants suit against the defendant-respondent has been dismissed on reversal of the judgment of the trial Court.

2. The only point of controversy between the parties before the learned single Judge as also in this Letters Patent Appeal has been as to whether the plaintiffs suit is barred by limitation. The trial Court held that the suit was not governed by Article 51 of the Limitation Act, as contended on behalf of the defendant, but by Article 115 and hence it is not barred by limitation. Before the learned single Judge of this Court, it was conceded on behalf of the plaintiff and so was it before us that Article 115 would not apply to this case. In support of the decision of the trial Court, however, it was argued before the learned single Judge that the case was governed by Article 85. This argument was rejected and it has been held that the proper Article to apply is Article 51, under