( 1 ) THIS is an appeal by the defendant from a decree passed by his Lordship Mr. Justice H. K. Bose in a Money Suit. The defendant is a limited company. During the years 1928 to 1036 one 'golam Hossain Cassim Ariff lent and advanced various sums of moneys to the defendant company. The loans carried interest at the rate of 7 1/2 per cent per annum. The defendant company made various part payments. The balance due to Golam Hessain Cassim Ariff on November 30, 1936 was Rs. 2,77,010/10/7 pies. He died testate on January 1, 1937. The present plaintiff is the sole surviving executor to his will. Pending the suit the defendant company has gone in liquidation. Various defences were raised but the only outstanding defence is that of limitation. Apart from limitation it is not now disputed that the moneys claimed in the suit are justly due to the plaintiff.

( 2 ) THE suit is for recovery of Rs. 2,77,010/10/7 pies being the balance due on November 30, 1936 for moneys lent up to that date. By Article 57 of the Indian Limitation Act the period of limitation is three years from the date when the loan was made. The suit was instituted on December 19, 1939. To save the suit from th